How to get rid of tenant who barters services I no longer want.?

Asked by beulah.ohf, Charlotte, NC Tue Apr 2, 2013

A verbal agreement was made for services in exchange for rent. I no longer want the services, tenant wants to stay.

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Don Tepper’s answer
Don Tepper, Agent, Burke, VA
Wed Apr 3, 2013
A verbal agreement is unenforceable in real estate.

Essentially, without a written agreement, there's no lease. I'm not a lawyer, so this isn't legal advice. But without a lease, at best what the tenant has is a month-to-month arrangement with you.

And I use the word "tenant" with some reservation.

Check with a lawyer, but my first reaction is that you've got two choices:

(1) Since the person wants to stay, if you're willing to accept fair market payments from him, send him a lease that requires monthly payments (not barter services). If he signs it, great. You now have a lease, receiving the payments you want.

(2) If you simply want him out, sent him a notice asking him to move within 30 days. And this is why I'm not a lawyer: I wouldn't even refer to him as a "tenant." That might establish him as a tenant, in which case you might have to go through a formal eviction process. If he's not a tenant, then there's no tenant to evict--simply someone who you've allowed to stay in the house without any sort of written agreement.

Check with a lawyer for more information.

Hope that helps.
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