Can I still collect missing months rent from a tenant based on an initial verbal agreement to pay?

Question:  I am a homeowner and I had a verbal agreement with a co-worker on renting a room in my home. Everything was fine the first few months, the past two months he's been unable to pay the rent, and then all of a sudden he switches jobs and disappears and I can't get a hold of him. Can I still enforce collection of the missing months rent even though I did not require him to sign a contract?

Response: In an oral rental agreement, the landlord and tenant agree orally that the tenant will rent the property. In addition, the tenant agrees to pay a specified rent for a specified period of time.

This kind of rental agreement is legally binding on both tenant and landlord, even though it is not in writing. However, if you have a disagreement, there will be no written proof of the terms of the rental agreement. Therefore, it's usually best to have a written rental agreement.

Moving forward, please consult a Real Estate or Contracts attorney to determine the proper course of action.

Additional Resources:
Contract Law Basics
Overview of Landlord and Tenant Law

Answered by Jason Tong

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