PDA

View Full Version : Does Verbal Agreements stand in court ?



twinsandcody
Jul 11, 2010, 08:37 AM
I rent a building in Ca for my baby store, my lease is up 7-31-10, I just gave my landlord 30 days notice, and he said that when he spoke to me 2 months ago I agreed to extend my lease verbally, I did agree to a month to month after my lease was up but never to a longer term, if I did why wouldn't I have got it in writing because on a month to month he can raise my rent? He is now saying he hold me to my rent till he finds another tenant, can he do this??

JudyKayTee
Jul 11, 2010, 08:45 AM
He can try, of course - if you refuse to pay this will come down to a Court action (probably Small Claims) and it will be your word against his. The Court will decide which side tells a move believable story under the circumstances.

He will be asked why if had a written lease but a verbal extension.

I trust you gave written notice, indicating that all agreements were in writing? You could get tripped up by making a verbal agreement to extend your lease, indicating that you did work outside of written agreements.

twinsandcody
Jul 11, 2010, 08:53 AM
I did write on a sticky note when I sent rent that I wished to stay after my lease was up, never stating a term. When we talked we did say on a month to month bases he made it clear he was able to raise the rent at anytime. If nothing is in writing and he says I extended my lease , for how long? It could have been for 3 years in his eyes?? So I guess my question is if there is no lease past 7-31-10 what grounds does he have to hold me there till he finds a new tenant?

JudyKayTee
Jul 11, 2010, 08:57 AM
His argument will be that you extended the lease for whatever time frame suits his purpose; your argument will be that you did not.

Yes, he will probably try to hold you to rent following your moving out and until he finds a new tenant.

But, again, he can sue you for anything. He then has to prove his claim.

And, yes, it could have been 3 years in his eyes or until the end of time. That depends on what he wants to argue in Court. There is simply no way to know.

Fr_Chuck
Jul 11, 2010, 09:02 AM
He can use that argument that you "renewed" your lease to a term the same number of years as the original.

You and he will have to go to the terms of that lease, what does it say about renewing ? Is it automatic if you don't give notice ?
If not what does it require you to do to renew it . ** you often do not sign a new one, merely stay under the first one.

And I will assume with your 30 day notice that you are leaving at the end of August, since we are already into July, and notice would be from rent due date to due date normally.

So all you can do is, move, let him sue and see what happens in court.

There is no 100 percent for sure answer as to what the court will do or allow

twinsandcody
Jul 11, 2010, 09:08 AM
In the Lease it only states Lease is from 2-5-10 to 7-31-10. Nothing else . Not even 30 days notice is to be given if wanting to move nothing...

excon
Jul 11, 2010, 09:09 AM
Hello t:

In real estate matters, what's WRITTEN takes precedence over what's said. Your WRITTEN lease ends on 7/31. Therefore, in my view, you may vacate on 8/31 with NO negative consequences.

Yes, he may sue you. However, all you have to do is show the judge what was WRITTEN, and he'll tell the judge what was SAID.. Uhhh... Like I said, WRITTEN trumps verbal.

excon

JudyKayTee
Jul 11, 2010, 09:38 AM
Hello t:

In real estate matters, what's WRITTEN takes precedence over what's said. Your WRITTEN lease ends on 7/31. Therefore, in my view, you may vacate on 8/31 with NO negative consequences.

Yes, he may sue you. However, all you have to do is show the judge what was WRITTEN, and he'll tell the judge what was SAID.. Uhhh... Like I said, WRITTEN trumps verbal.

excon


She wrote - and I agree it's on a sticky note - that she wanted to stay beyond the lease. Was there a meeting of the minds and, therefore, a legal contract? That's for a Judge to decide.

excon
Jul 11, 2010, 09:43 AM
I did write on a sticky note when I sent rent that i wished to stay after my lease was up, never stating a term. Hello again, Judy:

She DID stay another month... IF the landlord kept the sticky note, I agree with you, it WILL be up to the judge to decide what it meant.

excon

twinsandcody
Jul 11, 2010, 09:47 AM
This is from the landlord exactly:You verbally extended your lease and followed that verbal extension with a written confirmation. Your lease does not end on July 31, 2010. The advance notice you are referring to was for "the option to extend" your lease. You complied with that advance notice and chose to extend. When we spoke on the phone regarding your option to extend, I let you know at that time I would place a space available sign on the unit if you chose not to extend. Should you choose to move on July 31, 2010, you remain obligated to pay monthly until the end of your lease extension. With your permission, I will place a space available sign on the unit. When I am able to sign a replacement contract to lease the space, I will be happy to release you from your current contract. There is no guarantee as to the amount of time that will require.

twinsandcody
Jul 11, 2010, 09:48 AM
On the written agreement he is talking about is the sticky note that said I wish to stay past my lease. I didn't know that was obligating me to any length of time...

excon
Jul 11, 2010, 09:49 AM
Hello again, t:

He's trying to hold you to an open ended agreement. It WON'T hold up in court. You gave your notice. You don't need to speak with him again. Move when you said you would. If he sues, defend yourself. You'll win.

excon