How long does my landlord have the right to sue me? What are my obligations?

Question

I moved into a house last year with some friends. We told the landlord, but he never prepared a lease for me to sign. My roommates who had been living there for a year before had already signed the lease for the year we were supposed to live there. Unfortunately, they had misread the lease, which put the rent at a rate that we couldn't afford. The landlord was reasonable, and lowered rent for us. There was a lot of confusion because there were five of us, and it seems he told each of us different things. Suddenly, he demanded he hadn't lowered rent to such a low rate, and demanded we pay the difference for those months we had payed. My one roommate moved out, and all of us followed suit because she was the only one on the lease at this time. Our landlord later said that we had a verbal agreement for the lease, and that we all owe him rent for the rest of the year. He called me once, and I think he recorded me saying I lived there. It's been nearly a year since we moved out.

Answer 1

The previous answer sounds like it's from someone who is either in law school, started law school but never finished, someone who went to law school and never practiced or someone who went to law school and never practiced landlord-tenant. It reminds me of how my sister talked before she became a lawyer.

Law student over there did answer the oral agreement question thoroughly. What you need to tell us is what state you live in. Not only is it essential to answer your question, it may also get your landlord in trouble if he/she recorded you over the phone in a two party consent state while suppressing it in court.

As for how long he has to sue you, it depends on your state as well. The oral lease is a contract so contract SOL applies. Verbal agreements normally have the same or lesser SOL than their written counterparts.

I'd like to emphasize that there IS SUCH THING AS AN ENFORCEABLE VERBAL AGREEMENT IN REAL ESTATE. In fact, real estate is the worst kind. What I mean is that any verbal agreement that involves real estate is upheld more often because a piece of land is involved and if there is detrimental reliance. If you don't believe me, look it up. Law student from above also gave you the proof by discussing the statute of frauds. Also, the fact that you're not on the lease is irrelevant. It is provable that you live on the property. There is probably some paper trail and I doubt a Judge is stupid enough to believe that you didn't live there after the Landlord presents his proof.

Answer 2

The Statute of Frauds states that a contract regarding an interest in land (like a lease) or which requires performance for a period longer than a year has to be in writing and signed in order to be enforceable.

Having said that, it appears from what you said that someone signed a lease. And at the very least, you had an oral agreement with that person regarding living arrangements. The person who signed the lease probably did not have the right to sublease to you (this is standard in leases), so what you and she had was an oral agreement which is enforceable in most states.

If the landlord sues you, you can probably successfully defend yourself because you never signed a lease. However, if the landlord sues your friend, and she turns around and sues you in the same lawsuit, you will probably have to pay your portion.

In a minority of places, the landlord may be able to make his "oral lease" stick. It just depends on your jurisdiction.

Also, in most places, the time in which to sue on a contract, is 4-5 years. This could also be true for an "oral" contract.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 3

If I remember correctly from the Business Law class I took, whatever the contract states has more authority than whatever verbal agreements might have been made. In other words, it doesn't matter what you and your landlord agreed to verbally, the lease agreement terms is what a court would enforce.

I think he may have up to two years at least, maybe up to seven (depends on which court he takes it to). The lease may also state a time limit for filing suit.

Good luck.

Answer 4

Verbal agreements are never valid. If there was a lease signed you need to follow what was signed. You may want to talk to a lawyer and get legal advice from them.

Answer 5

If your one roommate was the only one on the lease, she's the one who can be sued for the entire amount. You and the others apparently are not on any written lease, so he has no basis upon which to bring suit against the remaining four of you.

Answer 6

WRITE the landlord. Tell him you will be HAPPY to take care of any contractual obligations you have with him, just as soon as he can produce a copy of them with your signature. Send it certified, return receipt.

If he's stupid enough to take you to court, show your letter and the absence of ANY written contract to the judge. There is no such thing as an enforceable verbal agreement in real estate.

Your LIVING there is not a contractual agreement with him, nor does it bind you to him in any way.