I am a medical resident who wants to save money so I chose to live in a farther place from my work. Now, due to the demands of my work, one hour of commute is taking its toll on me. I explained this to my landlord but he said he would sue me and did not listen to ANYTHING i said. It was a USELESS conversation because he never listened to anything I said. He just mentioned that he is going to SUE me. I did not sign a contract. Everything was only verbal. Is verbal contract binding? Please help!!
2007-08-30 15:37:41 · 7 answers · asked by cridecar 1 in Business & Finance ➔ Renting & Real Estate
Unfortunately, even a verbal lease means that you agreed to the terms.
First of all--calm down. This can be solved. Even though you are probably stressed to a new level of stress, take a breather. Step back from this situation. How can you make this work?
Next--talk to your landlord face to face. Be honest and upfront, and say that the situation just isn't working for you at this time, and it has nothing to do with the apartment or the manager/owner. Ask what suggestions s/he has. Offer to pay 3 months rent OR find a renter to take your place.
Because you didn't sign a contract, there's no terms to the lease. A verbal contract is binding, but you also have some rights.
Find your local tenant's act online for more help. Before doing ANYTHING, I would contact your state's department of housing and ask them for advice.
2007-08-30 15:47:35 · answer #1 · answered by FaZizzle 7 · 0⤊ 2⤋
While a verbal agreement is legally binding, it can be hard to prove the terms in a court of law.
In most cases, the judge will fall back on state law as the presumptive agreement and will normally consider you a month-to-month tenant. A month-to-month tenancy can be broken by either side with 30 days notice in most states.
Some states require any lease agreement to be in writing and will presume a month-to-month tenancy in the absence of a written lease.
Let your LL try and sue you. He's blowing smoke for the most part. If you do get sued and are adamant with the judge that there was no agreement other than 'x' dollars per month and 'x' dollars for deposit it's likely that it will go nowhere.
2007-08-31 06:09:46 · answer #2 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Dragon lady is right, if he sues you it will be your word against his. Just don't admit to the judge that you promised any length of time.
Give your 30 days notice and move on. Keep in mind that you may have to sue him to get your deposit back though.
Do yourself a favor, send him the notice to vacate in writing and certified, return receipt. Make sure you set up a time and day to do walk through and borrow a video cam to record it.
Make sure the apartment is clean, empty and non-damaged, again a video camera will help if you end up in court. Also, a good witness (non-relative who would be willing to go to court and go on the walk through is best). If he refuses to set up walk through, do it yourself (again on tape and with witness) and send the keys certified return receipt.
If no deposit, just give your 30 days and start moving your stuff out as soon as you can. If he shows up or gives you any crap after you give notice, call the cops, the law is on your side in this.
Good luck, bad landlords suck
2007-08-31 01:05:15 · answer #3 · answered by Gem 7 · 0⤊ 0⤋
A verbal contract is legally binding but if he takes you to court it is his word against yours and the judgement would go to whomever the Judge believed was telling the truth.
What I would do is give your landlord a 30 day written notice. If he still takes you to court that written notice will give you weight to your side versus a verbal contract on his.
2007-08-30 22:47:17 · answer #4 · answered by Anonymous · 0⤊ 0⤋
If there is not written contract, then it is automatically considered a month-to-month rental. It's not "leased" it is "rented" since a lease implies a contract. Your landlord is bluffing you. If you want to be a good person, give 30 days notice - which it sounds like you already did. However, you are under no obligation whatsoever and are able to do as you please.
2007-08-30 22:46:59 · answer #5 · answered by the_dragyness 6 · 1⤊ 0⤋
Since there is no paperwork, you're not really breaking a lease - just your word.
....... hmmm... that used to be a bad thing to do....
2007-08-30 22:51:47 · answer #6 · answered by teran_realtor 7 · 0⤊ 0⤋
I dont think it's valid unless you sign something
2007-08-30 22:45:44 · answer #7 · answered by ~SheSul~ 6 · 0⤊ 1⤋