Please help, am I going to small claims court??

Question

This is the background of my situation: I responded to an ad for a room for rent. I met the girl, liked the place and told her I would move in. I gave the landlord $80 for deposit. I gave the girl $350 for rent, that she would deposit on the first of Aug, (as good faith money), even though I wouldn't be moving in till the 15th. No lease was signed. I was to sign when i moved in. Unfortunately, I changed my mind due to certain circumstances. I told her a week before, that i wouldn 't be moving in. I know, bad on my part, but things happen. The landlord deposited my deposit check, so that was lost. I cancelled my check for $350, since I would not be moving in. Now, after many hostile emails from her, she is telling me that she is going to file papers for small claims court for the $350.

Will this stand in court since there is no written documentation and no witnesses...just a case of bad luck for her? I'm scared about this, I just need someone's opinion

**Also, I did email her telling her that there would not be enough funds to cover that check before she deposited it.. I have proof of that. So, I did let her know.

Yes, I know this was a "promise", but do promises stand up in court? I thought just written agreements.

Answer 1

She can attempt to take you to small claims court over this, but chances are likely that it will never make it through the court system.

The courts are overwhelmed with cases and backed up for months and months at a time. I have worked in retail management for many years, and if we catch people red-handed stealing from one of our stores, there will be no court case until the amount of $5000.00 is reached. Many times we have had to be grateful that we get our merchandise back, and have a restraining order against the perpetrator.

The Attorney General will not even pursue anything below that dollar amount, the courts are so overcrowded.

You need to contact a lawyer in your area and/or the area of where you were renting and find out exactly what can happen in this case.

If it is true that she can take you to court, you may well be better off to settle the whole thing out of court and pay her the $350.00 rather than to go through the whole court experience.

There are legal aid programs available through most states, and you can find them listed under legal aid and state name in a phone book or on the Internet.

I do not understand you having to deal with a landlord and the girl separately, something about that sounds just a bit suspicious. You can discuss this with a lawyer also.

This could be a meaningless threat, or this girl could be trying to make an extra bit of money for herself, who really knows? You have to protect yourself, first and foremost.

Good luck, I hope this works out well for you.

Answer 2

It is likely to stand as she has a check you wrote and then stopped payment on. In many jurisdictions she could also file criminal charges fro intentionally passing a bad check.

When renting a dwelling with out a written lease, a month to month tenancy is established according to the laws of your state. Most states require 20 - 30 days notice prior to vacating a residence. You tenancy started when you tendered payment.

Verbal contracts are enforceable, they are just harder to prove. Since she has a check from you for rent a judge would presume that you intended to rent something. Remember, in civil court (such as small claims court) the burden of proof is not as harsh as in criminal court. She only has to show that "it is more likely than not" you established a rental agreement.

Answer 3

She promised to let you move in. You promised to pay. These promises were in mutual consideration of each other. You changed your mind. She was still willing to perform, and is therefore entitled to having you held to your promise. She has the check as proof of your promise.

You owe her the money. Pay it and move on.