Legal Question in Business Law in Maine

Can you take legal action against someone for not paying you rent if they lived with you, but they were not included in a lease agreement, if you and the other party agreed that the person would pay you $xxx amount for each month?


Asked on 7/31/10, 3:19 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

You can have a verbal contract for rent. A verbal sublease. It may or may not be proper in accordance with the terms of your written Landlord lease so you want to be careful that you do not prove in Court you had a sublease that violates your written lease. However if the roommate does not pay then you can file a small claims action for the unpaid money. The key to success will be evidence and if its just your words against each other then it may be difficutl as the law does require the Plaintiff to prove that it is more likely than not (greater than 50%) that the facts support their claim. If there are disinterested witnesses like your landlord, or even copies of checks that were given to you for earlier rent before the breach that would help your case.

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Answered on 8/06/10, 6:11 am


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