Legal Question in Legal Ethics in Massachusetts

culpability

I have a tenant that I am evicting for non-payment. He has a friend that told me that he was taking over the tenant's finances an was going to make sure that I would get all of my back rent, it never happened. I am going to take the tenant to small claims court but I dought that I will get any money from him. Can I sue the friend also? We did have a verbal agreement and is more financially sound


Asked on 2/15/09, 11:48 am

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: culpability

The answer to your question whether you can go after your tenant's friend is probably no. A verbal agreement to pay the debt of another lacks the necessary elements of an enforceable contract.

Just because the friend is helping the tenant with his finances doesn't mean you can go after the friend's personal assets.

Good luck!

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Answered on 2/15/09, 2:45 pm


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