(2nd Posting) Is verbal agreement to room rental binding?

Question

I have 2 conflicting answers from 2 lawyers so I am reposting my question. I have stayed in a roomate rental situation for the past 2.5 months and I want to transfer to a nearer location from my job because the commute is killing me. I don't have a written lease, only verbal. I already mentioned to my tenant about my intention of transferring in the most mild manneredand ethical way and even explained that the stress is taking its toll on me (I have been sick 2x). It was a simple case of "you agreed to stay here for one year and I don't care whatever your problem is" type of conversation. I just have to be sure if my move in going out by writing a letter won't get me into trouble. I paid the whole of Sept, am willing to pay for October, and I have one month deposit with him. I want to go out this Sept even if it means he has 3 months total of my money (it really does not matter). A lawyer i consulted with said he can still sue me whereas the 2nd said otherwise. HELP!!

Answer 1

To succeed in a court of law, they would have to prove that the agreement exists. Obviously, they can prove some of the verbal agreement by the fact a deposit was taken and you live in the space.

However, unless you put in writing the aspects of the agreement, it becomes a matter of "they said - I said" which would not hold up in a court.

As to whether they can sue you the answer is yes...but keep in mind that anyone in our legal system can sue anyone else. That doesn't mean they will win or the suit is valid.

While your roommate is justifiably upset that you are not honoring an agreement, they should realize that threats will not make a good living situation, and will probably push you out the door quicker.

When all is said and done, they don't have much to stand on for a lawsuit other than a conversation that may or may not have taken place.

Unless, there is something else you didn't allude to, you are free to leave with a 30 day notice. Just don't expect your deposit back...although you could alway sue them for it.

Answer 2

If you are dissatisfied with the answers you received on the first posting on this website, much less from two lawyers, I fail to see how you're going to be satisfied with a second posting, conflicts not withstanding. As with all answers you receive in life, it is ultimately up to you to make an intelligent decision.

Regardless, without knowing your location (country? state? city?) or from whom you are renting (friend? family? neighbor? company? stranger?), I can only tell you that if you did not sign ANYthing, then, in most US States, you are under NO obligation to stay. However, do your landlord the courtesy of giving him at least 30-days' intent to vacate, so that he or she may find a replacement. Since your three-months worth of deposits/security/whatever don't matter to you, then either leave an address with the landlord where he/she can mail a check to you (providing, of course, that you did not do any damage to the place) or just let it go (BTW, can I borrow a couple hundred bucks off ya?). ;)

Worse comes to worse, hire a lawyer, and let him or her handle the "problem". It shouldn't come to more than a month's rent to resolve this, legally. It's more than likely that as soon as the landlord finds out that you are serious about this, that he or she will just drop the matter altogether, and you'll never have to go to court, but, again, expect to lose your deposit/security/etc.

P.S. Referring to your phrasing of "mentioned to my TENANT", you and your roommate(s) are the "tenants" (also know as the "lessee"), while the person renting to you is the "landlord" (a/k/a, "lessor")! I presume it was just a mental slip (either that, or you're actually the landlord trying to figure this out, in which case, shame on you for hiding your true identity!). ;)

Answer 3

You will probably find that in most states, a verbal agreement for roomates is not binding.
A judge might say since you have been paying the rent, you have agreed to stay, however, once you leave, there is probably not much your roommate could do legally. Unles you have agreed otherwise, it is considered a month to month lease.

Answer 4

I am not a lawyer. Gotta be up-front.

A verbal agreement is as good as the paper it's written on. It's not legally binding. In most places, you would need to give written notice one month and one day in advance to terminate a month-to-month tenancy; that is, you notify your landlord (in this case, the roommate) during September, in writing (return receipt requested, to guarantee s/he received it), that you're leaving and will be out by November 1. You pay September's and October's rents, and you vacate fully by midnight Halloween. (No costume required.)

The law varies from state to state on how much notice is required and what kind, but by doing it this way, you've got your bases covered and given your roommate plenty of time to find someone else, and yourself time to find someplace else.

BTW, if the roommate finds someone who wants to move in earlier, you can agree and ask the rent you paid be prorated, X amount per day, with their days returned to you before you vacate, or you're within your rights to take all of October.

Answer 5

sorry but if u have no written contract ur binded to a month to month agreement. give 30 days notice of your planned date to vacate, express this in writing in case he ever wants to bring suit upon you. tell him u will live out ur last month of october on ur security deposit. offer to help him find a new roommate so that you can be done and move on from this situation.

Answer 6

No It's not, and most any small claims judge won't even give it time in his court. You have no written lease, and if your name is not on any of the utilities, you are free to leave at any time.

Answer 7

It's always hard to prove a conversation took place.
You know like the one you and I had that said you would pay me $500 for this answer. See you in court :)

Answer 8

'm sure the person can sue you. The thing is if there is nothing in writing the person doesn't really have much ground to stand on. The case would be your word againt their word.

Answer 9

In what state?