Ask Experts Questions for FREE Help!
  Advanced
Register  |  Log in  
   Ask    
 Answer  
  Help  

Ask QuestionsprogressAnswer QuestionsprogressBuild ReputationprogressBecome an Expert
 
Free Answers in 3 Easy Steps

Register Now
3 Steps

At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:
  • Get free answers from experts in any of our 300+ topics.
  • Accept money for answers that you provide.
  • Communicate privately with other members (PM).
  • See fewer ads.

Home > Law > Real Estate Law   »   Lease without Written Contract. All verbal aggreement

 
Question Tools Search this Question Display Modes
Question
 
 
#1  
Old May 30, 2007, 07:32 AM
KeeKee4878
New Member
KeeKee4878 is offline
 
Join Date: May 2007
Posts: 1
KeeKee4878 See this member's comment history on his/her Profile page.
Lease without Written Contract. All verbal aggreement

Hi,

I'm currently renting from a person, who verbally agreed upon my lease and lease option to purchase. I moved into the home (Florida) last Septmber, with the understanding, within 2 years, I could either purchase the home, or continue to rent. So with this being said, I spent about $8k in maintance of the yard, professional painters, and numerous home imporvements. I received a call last week from the owner, informing me I had till 8/31 to move out. Keep in mind, there is not contract in writing, up to this point, it's all be verbal. Crashed as I was, I spent the whole weekend looking for a home to provide for my mother and toddler son. I'm a signal mom, so for me to come up with (roughly) $7k to get moved in somewhere, is going to be extremly tough. I've sent the owner and email, explaining, going forward, I will be out of the home by the end of June, but due to the short amount of time, I would no longer be paying rent, due to the expense of my new moving cost.

I realize this is not the most professional way to resolve this issue, but since nothing was never put in writing, and I've already lost $8k in the maintance of the home, and know I will never see, I look at it as a wash. Can he evicate me without giving me a 30 day notice? Please adivse.

Reply With Quote
 
     

Answers
 
 
Old May 30, 2007, 08:54 AM   #2  
Ladyviper
Junior Member
Ladyviper is offline
 
Ladyviper's Avatar
 
Join Date: May 2007
Location: Somewhere Over the Rainbow
Posts: 188
Ladyviper See this member's comment history on his/her Profile page.
Verbal agreements are just as binding as written contracts, however it is much harder to prove they ever existed in the first place. You need to talk to a lawyer, at best case scenario you may get some expense reimbursement. He gave you more than 30 days, 8/31 and it is only 5/30.

Comments on this post
LisaB4657 disagrees: Verbal agreements for the sale of land are not binding.
  Reply With Quote
 
     
 
 
Old May 30, 2007, 08:58 AM   #3  
Emland
Ultra Member
Emland is offline
 
Emland's Avatar
 
Join Date: Mar 2007
Location: Tidewater, VA
Posts: 1,993
Emland See this member's comment history on his/her Profile page.Emland See this member's comment history on his/her Profile page.Emland See this member's comment history on his/her Profile page.Emland See this member's comment history on his/her Profile page.
In Virginia, any agreement regarding real estate has to be in writing to be enforceable if the agreement carries over one year.

Do you have a witness to your agreement? I am surprised you would put so much money in a property without something in writing to protect yourself. Did you keep the receipts?

Comments on this post
Ladyviper agrees: So true, always remember to CYA! It was a costly lesson learned for her.
  Reply With Quote
 
     
 
 
Old May 30, 2007, 09:08 AM   #4  
Lowtax4eva
American Immigration Expert
Lowtax4eva is offline
 
Lowtax4eva's Avatar
 
Join Date: Feb 2007
Location: Montreal, Canada
Posts: 1,822
Lowtax4eva See this member's comment history on his/her Profile page.Lowtax4eva See this member's comment history on his/her Profile page.
Unfortunately, as far as i know, the above is correct. A verbal lease is ok but if you were to be given the option to buy, this would have to be in writing. The landlord might consider re-imbursing you if you made improvements (not including painting or yard work, this is all just decoration to make the home look the way YOU wanted it to, the next renters or buyers may not like it so it may not have necesarily added value)

Dont send an email, too easy to delete, go talk to the landlord and explain that you spent money on the home cause you thought you had the option to buy, ask again if you can buy and if not ask that he gives a month or 2 free to cover your costs.

But, as far as i know, he wouldnt legally have to do this.
  Reply With Quote
 
     
 
 
Old May 30, 2007, 09:15 AM   #5  
LisaB4657
Ultra Member
LisaB4657 is offline
 
Join Date: Sep 2005
Location: New Jersey
Posts: 1,238
LisaB4657 See this member's comment history on his/her Profile page.LisaB4657 See this member's comment history on his/her Profile page.LisaB4657 See this member's comment history on his/her Profile page.
The bad news is that your verbal agreements concerning this property are not binding. The good news is that you may be able to recover the money you spent on improvements to the property.

Since nothing was in writing you are considered a month-to-month tenant and the landlord may terminate the tenancy with 30 days notice. However, since the landlord made a promise to you that you could continue to lease and that you had an option to purchase, and since you spent considerable money in reliance on that promise, you may be able to recover that money.

If I were in your position I would send a letter to the landlord by certified mail informing them that you spent a considerable amount of money improving the property because you relied on their promise to sell it to you. Therefore you will vacate but any rent that might be due will be deducted from the total that you spent on improvements, and that you expect reimbursement of the balance of that money on the date that you deliver possession of the property to the landlord. It's worth a try.

As for eviction, in the case of non-payment of rent the landlord must give you 3, 5, 7 or 10 days notice, depending on the laws in your state. If you haven't vacated by that date then the landlord must file a lawsuit for eviction. Check the sticky at the top of the Real Estate Law forum to see the laws for Florida.
  Reply With Quote
 
     


Question Tools Search this Question
Search this Question:

Advanced Search
Display Modes

 
Similar Sponsors

Similar Questions
Question Asker Topic Answers Last Post
Verbal Contract dink1 Real Estate Law 1 Feb 24, 2007 12:10 PM
Verbal Lease after written lease agreement - Florida stephy99 Real Estate Law 6 Feb 14, 2007 08:56 AM
No written contract nodebt Bankruptcy & Debt 0 Feb 5, 2007 07:56 PM
Terminate tenancy with no written lease Desert Diva Real Estate Law 4 Dec 24, 2006 03:19 AM
No written lease agreement dxclark Real Estate Law 3 Aug 10, 2006 03:15 PM




Copyright ©2003 - 2007, Ask Me Help Desk.
All times are GMT -8. The time now is 02:56 PM.

Content Relevant URLs by vBSEO 3.0.0 RC6 © 2006, Crawlability, Inc.