best course of legal action

[captZEEbo]

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if we get him to sign saying he owes us (he is dumb) is that binding

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He's not the one who let someone move in without a written agreement, is he? Is he really the dumb one here?

[/ QUOTE ]I don't think I'd necessarily need a written contract for a friend of a friend. I'd be in OP's shoes being trustworthy that a friend of a friend won't just screw you over.

[DrewDevil]

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lol askingforlegaladviceonootaments

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The problem is you have no enforceable agreement. Unless you can get him to voluntarily pony up the rent there is nothing you can do. The only thing you have going for you is that you are providing him shelter without an agreement. This means that at any time you can have him forcibly removed from the property.

[neuroman]

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For goodness sakes, will people please stop suggesting that unless it's in writing, there's no enforceable agreement?

Oral agreements are, in many, many cases, enforceable. The real issue is whether you can collect if you get a judgment against him. IOW, is he really broke or just a deadbeat?

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STFU about stuff you know nothing about.

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Drew, depending on the state, oral leases of short time periods can be enforced. For example, here's a brief article for North Carolina. Of course, OP is talking about a sublease and not a landlord-tenant lease. Even in TX (you're in Austin, right?) oral leases of 12 months or less are enforceable.

edit: I see you quickly corrected yourself.

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Also lol askingforlegaladviceonootaments

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This I can agree with. [img]/images/graemlins/smile.gif[/img]

[ElliotR]

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STFU about stuff you know nothing about.

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*** legal theory deleted because i haven't memorized RE law in all 50 states ***

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Hilarious. [img]/images/graemlins/laugh.gif[/img]