I agreed to pay for rent at a place with someone and lived there for a month and paid for that month of rent. I ended up moving and living somewhere else because the place wouldnt allow my dog. We planed on living there until may. I never signed the lease, so if this guy takes me to court, will I lose? I told the guy I would pay for the rent even if I could not find a new tenant just to try and be friends but the place is so crappy that no one wants it and i cant afford to pay past this months rent. So i am paying for this months rent even though no one is living in the place. After this month I cant pay for it anymore but i never signed the lease. Could I lose because of this "verbal contract"?
2006-09-07 14:46:28 · 11 answers · asked by nashphyl 1 in Business & Finance ➔ Renting & Real Estate
The short answer is NO, you can not lose.
There is no contract, verbal or otherwise, because there was no "consideration" exchanged.
In other words, in a contract, each party much get something out of the deal. His "friendship" is too intangible a thing to be exchanged for rent money.
And there is the old saying: A verbal contract is not worth the paper it is written on.
2006-09-07 14:52:11 · answer #1 · answered by Jay 6 · 0⤊ 0⤋
This answer is specific to New Jersey law, but, I think it would probably appy to NC also.
Most leases, whether spoken or written, have several requirements or terms in common. In addition, the law requires certain conduct by landlords and tenants under any lease, even an oral lease.
The term of the lease
A lease will contain a term (a length of time that you agree to rent the property). It is usually a month, six months, or a year. If your lease has no set length of time, the term is automatically a month if the rent is paid on a monthly basis. This means that your agreement runs from month to month. Cite: N.J.S.A. 46:8-10. Just because you have a month-to-month lease does not mean that the landlord can get you out at the end of any month. You don’t have to leave just because the term of your lease is up. The law contains special rules for evicting tenants.
Notice to end a lease
To end a lease, either the tenant or the landlord must give the other a written notice before the end of the lease, stating that the lease will not be renewed. If this written notice is not given or is not given in the required time, then the lease will renew itself automatically, at least on a month-to-month basis, generally with the same terms and conditions. Cite: N.J.S.A. 46:8-10.
You can probably have a convesation with the landlord and explain that you can't afford to pay the rent. Ask for forgiveness and get him to agree to cut you loose. Most people are reasonable, especially since you've already paid an additional month.
Good luck!
2006-09-07 22:06:55 · answer #2 · answered by cooperbry 2 · 0⤊ 1⤋
Isn't the landlord trying to rent the property on their own?
You paid an extra month. You really should have given a calendar month notice in writing before you paid that. They could claim you didn't give notice and try to make you pay for another month.
The fact that you didn't sign a lease doesn't mean you don't have a valid month to month tenancy.
2006-09-08 06:53:52 · answer #3 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
The verbal contract is generally considered a binding contract, but since no lease was signed, you probably will not be held to it since you are not living in the property. NC has laws in place to protect both the tenant and the landlord. My advice is to check with your local housing office; they know the laws and often have pamphlets with the rental laws outlined.
2006-09-07 21:51:31 · answer #4 · answered by geniec67 3 · 0⤊ 2⤋
If the agreement is not in writing, the opposing party has no proof of a contract...unless YOU describe the agreement as a verbal contract in court.
2006-09-07 21:55:23 · answer #5 · answered by Pluto 1 · 0⤊ 0⤋
real estate transactions are governed by the 'Statute of Frauds' requiring ALL agreements governing said transactions be IN WRITING. end of story.
2006-09-08 03:37:22 · answer #6 · answered by le_longgunr 3 · 0⤊ 0⤋
in michigan verbal contracts are not enforceable in courth, this is called the statute of frauds
2006-09-07 23:45:49 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It probaby isn't because it is your word agains his, but do you have any honor--you said you would pay--pay.
2006-09-07 21:56:35 · answer #8 · answered by Nelson_DeVon 7 · 0⤊ 0⤋
If there was a witness then it is a valid contract.
if there was no witness then it's his word against yours...
2006-09-07 21:52:23 · answer #9 · answered by Anonymous · 0⤊ 2⤋
no, they aren't legal anywhere
2006-09-07 21:48:26 · answer #10 · answered by ? 7 · 0⤊ 1⤋