Law Outside the Box

When I was in college (many years ago!), I was renting a townhouse. As part of my lease, I had the ability to sublease in order to defer some of the expense (rent and utilities) involved with renting. This was a great option because it afforded me the opportunity to choose who I preferred as a roommate if I wanted one.

Be careful if your roommate is also a friend

At that time, I had a friend who I’d known for a few years looking for a place to stay. Since he was a friend, I figured, “yeah, we can do this on a handshake – no problem!” As it turned out, I was very wrong. Many of you have probably been in this place and can relate.

Always have a written lease no matter the situation

Before he moved in, it had crossed my mind that maybe just maybe we should have something in writing. It is important to note that an oral lease would have been acceptable in this situation but enforceability of an oral lease is an entirely different matter. Our oral agreement was that he would pay me ½ rent + ½ utilities. It seemed like a reasonable way to go.

Don’t procrastinate when dealing with an ongoing tenant issue

The first couple of months were fine. However, it was soon apparent he had problems holding down a job and as I quickly learned, he had a lot of issues with creditors that I had no idea existed. This problem grew over the next few months. First, he started paying late - always coming up with excuses. Then, it got to the point where he was trying to avoid me because he was missing payments altogether. After about 5-6 months of this cat and mouse game, it became very apparent he was going to be ditching me soon. He was into me for a lot of money. Sure enough he left quickly one night.

A written lease is much easier to enforce than a verbal lease

I was left holding the financial end of this mess but I also learned a very important lesson. It doesn’t matter if your roommate is your best friend forever (BFF), if they aren’t under a written lease, you may be asking for trouble at some point. A lease isn’t required to be in writing if it is for a period of less than a year but I wouldn’t have anyone leasing from me without a written agreement.

Whether I am the landlord or the tenant, when there is an issue, make sure to Document the Heck Out of the Problem!

Here are a few tips:

1. Always have a camera ready. If there is photographic evidence when you move in, when a problem arises, if the problem persists and when you move out, you will go a long way to creating a photographic trail of evidence.
2. Always back up a phone call with an email or written correspondence. If you have made a phone call to the other party, make a written note of that phone call (when and where) and if it relates to an issue, send an email or better yet a written correspondence to the other party.
3. Always review the lease carefully. Indeed it’s true; the devil is in the details. Your rights and responsibilities are spelled out in your lease. Know what it says!
4. If it is a serious issue or an on-going problem, your written correspondence should be mailed certified. You could learn this the hard way in a courtroom if it is a serious enough issue and the sides end up there. Don’t be caught naked in front of the judge without a certified return receipt!
5. Don’t be afraid to get outside help! You’re always better off getting outside counsel if it is an issue that doesn’t seem to have a clear cut answer. Talk with your attorney or seek out free assistance from legal sources like Homeline.
6. Obtain a free copy of the MN Attorney General’s Landlord-Tenant Guide. Even as an attorney, I’ve found this resource to be remarkably useful.

Are there other tips that you would recommend or that you have found useful?