I need legal advise (civil matter)

[JSD]

My wife and I began the process of getting tenants for our condo about a month ago. We received a ton of interest after we put an ad on Craiglists and let friends know via facebook. 3 weeks ago a friend (a person I grew up with) who had been to my place on several occasions said he wanted it. "yes, I will definitely take it. if we can go month by month I can be in on June 15th" He has a child on the way and was trying desperately to get out of his (soon to be) baby mamas parents house. We reached a verbal agreement and I reiterated the significants of what I was about to do "Steve, I'm going to cancel appointments and take my ad down. So you better not F*** me here" Now, because I trusted him I didn't require him to put down a deposit or "last months rent" I accepted the month by month arrangement with nothing in writing.

Fast forward to now: I moved out of the condo, the whole time being under the impression I would have someone in on June 15th. Steve gave me the first months rent (a check from his chick) which I deposited in the bank yesterday at around 2 PM (saturday, bank was closed). Come 5 PM he was calling me up saying "sorry man I can't do it I need my money back". I told him "I will give your money back minus a $500 deposit. You cost me a months rent so you shouldn't get off scott free" he refused by saying "I didn't sign anything" (yeah it's like that). NOW IM HEATED... He's going to cancel the check before it goes through. I have text messages from him and a check from his chick confirming our verbal agreement. What should I do?

EDIT - I took out the "PS" because I want this post to be more welcoming. However, I'll be cringing every time I read "you should've gotten that in writing"

[Redz]

All I got for you is the stuff in the PS, that you asked not to hear.  Basically, I've been there.

You need to weigh the price, and time of what it's going to cost you to get your money back (not to mention the aggravation)...against the effort of letting him off, and hustling to get someone else in there quickly.

My experience has been, let it go, don't lose a friend over it, and try to get someone else in there.

If that teetered on the edge of stuff you don't want to here, I apologize.

[dksidey]

I agree with Redz. If the money is very important to you, you could offer to split the loss and do the $250 each. This way everyone wins (loses). This would probably be the easiest way to do things and would be the most likely way for you to see some return on that months rent.

Your other option would be to take it to small claims court. http://www.mass.gov/courts/courtsandjudges/courts/districtcourt/smallclaims.html

However, this may be more time and effort than its worth. Also, once you sue a person, they tend not to be your friend anymore.

[Chris]

I know you don't want to hear it, but this is the problem with mixing business with friends.  From the little I know of dealing with leases, etc., you do have a case against him, since he wrote you the check (or her, same thing).

But like Redz said, it really comes down to what that lost money is worth to you.  Personally, I would say if you can afford it, you should just write it off as lesson learned, and hustle to get someone else in there...and never do anything like that again, without getting it in writing.  Until a lease is signed (even if it is month to month), you should NEVER stop showing the apartment.

Now, if you really need the money that badly...well, you can probably go through the pain of going after it legally, which will cost you a ton of time, your friend a ton of money, and will almost certainly kill any friendship.

[Champzilla]

Take your losses and learn from your mistake.

[JSD]

What about his mistake? How is he going to learn? This "friend" screwed me big time. We talked daily leading up to yesterday and he never gave me any indication other than he was psyched to be getting the place.

[CoachBo]

I don't think the money is worth the aggravation, frankly.

But I'd make it clear to the guy that I was finished with him. Forever.

[the_Bird]

I tend to think that splitting the difference is the only way to keep this guy as a friend (if that's important).

If you just eat the $500, every time you see him you're going to be thinking about what a Edited.  Profanity and masked profanity are against forum rules and may result in discipline. he is.

If you force him to pay the full $500, every time he sees YOU he's going to think you're a prick.

Tell him to give you $250, that basically buys a half-month of rent so you can hustle to get someone in there for 7/1.  If he doesn't accept, tell him you'll take him to small-claims court to enforce it; again, what good's his friendship if it gets to that point, you KNOW he's a Edited.  Profanity and masked profanity are against forum rules and may result in discipline..

[JSD]

I tend to think that splitting the difference is the only way to keep this guy as a friend (if that's important).

If you just eat the $500, every time you see him you're going to be thinking about what a Edited.  Profanity and masked profanity are against forum rules and may result in discipline. he is.

If you force him to pay the full $500, every time he sees YOU he's going to think you're a prick.

Tell him to give you $250, that basically buys a half-month of rent so you can hustle to get someone in there for 7/1.  If he doesn't accept, tell him you'll take him to small-claims court to enforce it; again, what good's his friendship if it gets to that point, you KNOW he's a Edited.  Profanity and masked profanity are against forum rules and may result in discipline..

Rent was $1250, I wanted $500 as a security deposit he lost by screwing me. I was already trying to compromise.

[the_Bird]

Sorry, read too quick.

That's too much to walk away from, IMHO.  Seems like you'd have a pretty good case to go after the full $1,250. 

[Redz]

Sorry, read too quick.

That's too much to walk away from, IMHO.  Seems like you'd have a pretty good case to go after the full $1,250. 

Yeh, I guess I missed that too.  Just judging by the tone of things, sounds like maybe you feel like you should take him to small claims court.

I guess the other factor in all this is, does he have the money?

[wdleehi]

Sorry, read too quick.

That's too much to walk away from, IMHO.  Seems like you'd have a pretty good case to go after the full $1,250. 

Yeh, I guess I missed that too.  Just judging by the tone of things, sounds like maybe you feel like you should take him to small claims court.

I guess the other factor in all this is, does he have the money?

Why did he back out? 

[JSD]

Sorry, read too quick.

That's too much to walk away from, IMHO.  Seems like you'd have a pretty good case to go after the full $1,250. 

Yeh, I guess I missed that too.  Just judging by the tone of things, sounds like maybe you feel like you should take him to small claims court.

I guess the other factor in all this is, does he have the money?

This is something I'm considering... Does anyone have any experience with small claims court?

[rickyfan3.0...]

Deposit means its your dude. It supplants the opportunity cost of a months rent.

If I were you and you want to mend the friendship I would offer him half back... I would probably just keep it and tell him to screw though.

[JSD]

Sorry, read too quick.

That's too much to walk away from, IMHO.  Seems like you'd have a pretty good case to go after the full $1,250. 

Yeh, I guess I missed that too.  Just judging by the tone of things, sounds like maybe you feel like you should take him to small claims court.

I guess the other factor in all this is, does he have the money?

Why did he back out? 

He said the construction going on with one of the other condo's was unsafe for his girlfriends son who is three years old. I'm still trying to figure out the real reason, since they were fully aware of the construction from the beginning of this process.