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  1. #1
    Join Date
    Nov 2009
    Posts
    2

    Default Promissory Note for Past Due Rent

    My question involves landlord-tenant law in the State of: Colorado
    I was unemployed for eight months and on a month to month lease for 7+ years. The landlord understood and stated "pay what you can" and I did. I was very thankful for that. After finding a job, I told her that I would pay an extra $200 per month to pay on past due rent. She agreed. There was NO written agreement on the amount of past due at that point. Because it was too much of a financial strain, I gave my 30 days notice to move. I moved and now she wants me to sign a promissory note for the past due rent. I am reluctant to do so, due to my financial situation. She stated that if I didn't sign, she would take me to small claims court and garnish my wages. I have not signed anything stating how much back rent I owe. I did send a letter thanking her for doing what she did and say I would pay her back. I did pay some, but it is definitely not the amount she is wanting in the promissory note. Because she chose not to evict me, does she have grounds for a small claims issue? Or would she ONLY if I signed the note and then not pay? The whole issue was based on trust, not a written agreement.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,011

    Default Re: Promissory Note for Past Due Rent

    Did you live there? Yes?

    Then you owe the back rent, and she WILL win in small claims. An oral, month to month lease agreement is still a lease agreement, and still enforceable.

    This lady did you a solid. Do the right thing instead of forcing her to take you to court.
    I'm not a lawyer, but I play a researcher on the internet!
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  3. #3
    Join Date
    Nov 2009
    Posts
    2

    Default Re: Promissory Note for Past Due Rent

    [QUOTE=Mardana;366787]My question involves landlord-tenant law in the State of: Colorado
    I was unemployed for eight months and on a month to month lease for 7+ years. The landlord understood and stated "pay what you can" and I did. I was very thankful for that. After finding a job, I told her that I would pay an extra $200 per month to pay on past due rent. She agreed. There was NO written agreement on the amount of past due at that point. Because it was too much of a financial strain, I gave my 30 days notice to move. I moved and now she wants me to sign a promissory note for the past due rent. I am reluctant to do so, due to my financial situation. She stated that if I didn't sign, she would take me to small claims court and garnish my wages. I have not signed anything stating how much back rent I owe. I did send a letter thanking her for doing what she did and say I would pay her back. I did pay some, but it is definitely not the amount she is wanting in the promissory note. Because she chose not to evict me, does she have grounds for a small claims issue? Or would she ONLY if I signed the note and then not pay? The whole issue was based on trust, not a written agreement.

    Yes, nobody knows better than I, that the lady did me a solid. Yes I did live there. My question is, if I don't sign the note because I cannot afford $200 per month, will small claims make me pay that amount per month? If I offer a note for less than that a month, can SHE refuse to sign it? Can my wages be garnished for that amount a month? I cannot in good conscience sign something I cannot afford.

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