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Thomas McJD
Thomas McJD, Lawyer
Category: Real Estate Law
Satisfied Customers: 6516
Experience:  Real Estate Attorney
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I have a tenant who never signed the rental agreement. As

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I have a tenant who never signed the rental agreement. As I have known this young man since he was a child, I was giving him a break. He has now been there for a year and is behind on his rent. I served notice on him to vacate giving him 3 days. He said he was going to leave, but I was not sure he would really do it. My question is do I have a "tenancy at will" since he never signed the lease. Am I able to get judgement for unpaid rent.?

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

Yes, it was or is a month to month tenancy (a periodic tenancy) and a 3-day notice was sufficient to terminate the lease for non-payment of rent. After he leaves, you can sue him for unpaid rental amounts and any damages caused (not normal wear and tear). Small claims court would be fine if your damages are not greater than $7,500 or you are willing to waive your right to collect any damages in excess of $7,500.

TMcJD :

Here is a guide to small claims cases:

TMcJD :

http://www.courts.state.co.us/userfiles/file/Self_Help/smallclaimshandbook%20finaltocourt%204-11.pdf

TMcJD :

Here is a guide to other small claims matters:

TMcJD :

http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=237

TMcJD :

If he refuses to leave, you'll need to file for an eviction. here is information on that process:

TMcJD :

http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=28

TMcJD :

Please let me know if I can provide additional assistance.

Customer:

Is there any other faster way to get judgement (yes, well below $7,500) besides small claims court. Also he is leaving 5/3/2013. Can I charge him for the month of May or any part of a month. He always paid cash and I do have accurate record of what was paid, and what was not. Will this present a problem if we go to court and he says he paid?

TMcJD :

No, small claims court would be the quickest. You can charge him through the date that 3 days after termination pursuant to your notice, plus any amount of time he stayed after that time (on a pro rated basis). If he paid in cash, he'll have a problem proving he paid when you say he didn't and you have a record of receipts and deposits to show he didn't pay. Shouldn't be a problem on your end.

Thomas McJD and 4 other Real Estate Law Specialists are ready to help you
Customer: replied 3 years ago.

Also, the lease (that he never signed) stated that there would be a late fee if paid after the 5th of the month. Can I charge that fee too?

No, you can't hold him to a late fee provision of a contract that was never executed.
Customer: replied 3 years ago.

Thank you, you were very helpful. Linda

You're welcome. Thank you too. Please let me know if I can help with anything in the future. Have a great day!
Customer: replied 3 years ago.

One final question. My rental was rented by a married couple, and they are now filing for divorce. I rented to them both and both lived there. I am trying to make agreement with husband to pay me, but she will not agree to anything. If I work out an agreement with him, can I just file the judgement against her only? I am aware of the joint and severally issue and wonder if this would be possible.

They are both liable. If you reach some sort of settlement only with him but there are still amounts owing, you could sue her for the remainder.