Can I take tenant to small claims for non-payment of rent?

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Can I take tenant to small claims for non-payment of rent?

There was no written agreement, only verbal. Tenant stayed for 4 months. Tenant put a stop payment on check. Tenant tore up notice to quit form upon departure. I have text saved stating they know they owe for month but yet refuse to pay. I have all receipts, texts, etc.

Asked on September 26, 2012 under Real Estate Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

From what you have written, you have a legal and factual basis to bring small claims action against your former tenant for unpaid rent under the presumed oral month-to-month agreement for the rental you own. To initiate the process go down to your county court house and ask the court clerk for a small claims application for you to fill out file and have served on your former tenant via a process server.


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