Roommate Verbal Agreement

[StinaBeana621]

I have a question about having a roommate who is not on the lease. Well a boyfriend that was not on the lease. Me and my boyfriend moved into an apartment, My mom and I are on the lease and he is not because his credit is not good. Its a one bedroom. And i am in Florida... I don't know if that matters. We had a verbal agreement that he would pay half of the rent and half of the utilities. Well we didn't work out. Now he wants out and he is just going to leave. From a legal standpoint is this verbal agreement binding. I have my mom as a witness to him agreeing to pay because she would have not been on the lease. Can he just pick up and leave? Please Help me!

 

[Gail_in_Georgia]

In the absence of a written lease, a renter is considered to have a "tenancy at will" or be on a month to month lease. These type of leases can typically be terminated with a 30 day WRITTEN notice. In Florida this is a 15 day written notice (see below):

http://www.800helpfla.com/landlord_text.html

Until you receive this notice, he is still responsible for his share.

Gail

 

[StinaBeana621]

Ok. Whole new question. If he does pick up and go. Do i have a leg to stand on if i take him to small claims court, having a witness of the verbal binding? Also, if he uses a check for like utilities can this constitute as a written agreement?

Bottom line... Is there anything that i can do to make him responsible for leaving me high and dry?

 

[Gail_in_Georgia]

Yes; you can certainly take him to Small Claims court (most of these types of issues are handled in such courts as they involve relatively small amounts of money and this court does not require that one hire an attorney).

Bring copies of what he's previous paid for utilities plus your witness (your mother) to the hearing.

Gail