Ask Experts Questions for FREE Help !
Ask
    BIsovski's Avatar
    BIsovski Posts: 2, Reputation: 1
    New Member
     
    #1

    Jul 5, 2007, 04:07 PM
    Are oral/verbal contracts binding in New Jersey?
    Situation:
    In April of this year (2007), I began to search for a new apartment. Shortly after, I was contacted by a friend offering me to look at his apartment as it would be available on June 1st. Since my lease in my old apartment would end in mid June, I thought the timing was just right. My wife and I drove there and fell in love with the apartment. It was a two bedroom apartment, in a good location and closer to work (our original apartment was a one bedroom and much further from work). He made an offer, I counter offered and finally agreed on a price and security deposit. We agreed to split the security deposit and pay it over two months. He would supply hot water, while I would pay for my other utilities. I would stay in the apartment for a minimum of 2 years. Since we were friends, we did not write down the lease, this was a "verbal" contract.
    Unfurtunately, due to personal issues (not financial), the landlord decided to put the house up for sale just two weeks after we moved in. He notified me of his plan and assured me that in order to avoid any problems for me, he would make a written lease agreement for the new potential owners to honor.
    Since we moved from a one bedroom apartment, we spent about 10K in furnishing the second bedroom and bought many other things for the new apartment. We did this because once again, he assured us that we would be allowed to stay here as originally agreed.
    Another week went by (three weeks since we had moved) and the landlord notified me that someone had made an offer for the house, but they did not want any tenants. They would need to entire house.
    At first, since we are friends, I thought that perhaps I should look to move, but as I gave the situation a second look, if the closing is done in 6-8 weeks, moving would be impossible that soon. I just started a new job that requires me to spend a lot of time at work and simply do not have the time to go apartment hunting, not do I have the time to phisically move my belongings. I have spend a lot of money on furniture and appliances, thinking I would be here for at least 2 years as agreed.
    Unfortunately, since the potential buyers are willing to pay the asking price, the landlord had changed his attitude and expects that I would be a good buddy and move.
    Questions:
    Since we do not have a written lease, would my verbal contract be binding in court?
    Am I at risk of eviction even thougth I have made only two payments (by check) and on time?
    What are my legal rights as a tenant?
    Will I spoil the party if the bank loan clears for the new owers?
    Do I have a legal ground to stay for the 2 year period?

    At this point, I am asuming this friendship is over.

    Please help me better understand my rights and options.

    Thanks,

    Bek
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Jul 5, 2007, 04:53 PM
    A verbal contract is binding and legal, but often hard to prove in a court of law.

    You need to notify the real estate agent for the sale, and/or the buyer that you have a two year lease on the home, and hope that he will be a good landlord.

    If the current land lord lies and says there is no lease, there is little proof of it.
    LisaB4657's Avatar
    LisaB4657 Posts: 3,662, Reputation: 534
    Expert
     
    #3

    Jul 5, 2007, 06:35 PM
    I'm sorry but since there is nothing in writing you are considered a month-to-month tenant. The landlord has the right to terminate the tenancy with 30 days advance written notice.

Not your question? Ask your question View similar questions

 

Add your answer here.


Check out some similar questions!

Verbal Agreement- Binding or No? [ 6 Answers ]

I am in Ohio. I have a verbal agreement with someone. The agreement was that he would purchase some software and equipment for me, and that I would pay him back with a percentage of the proceeds of the small business I was starting. He became angry with me and now wants me to give him back his...

Roommate leaving- is a verbal agreement for the time she will pay rent binding in OHIO [ 1 Answers ]

I live in Ohio. My husband and I allowed a friend to move in to our house until she got back on her feet. Well, she's on her feet, makes plenty of money, never paid her rent on time, etc... general roommate horrors. Now, we asked her to leave about two weeks ago and that she be out by mid...

Is verbal & emailed copy of commercial lease binding without signature? [ 1 Answers ]

Saw a commercial property on Monday, in New Hampshire. Told landlord I would take it. He told me he would email me a copy of the lease and then get me the keys. (no money yet exchanged) Received an email of the lease with all of our information placed in it. Was told move in date of Aug, 1st-...

Unsigned lease, but verbal commitment - legally binding? [ 7 Answers ]

I recently leased a large commercial space in Toronto, Ontario, Canada, but have not yet signed the lease. I have paid 2 months rent as a deposit, and was given 3 months rent free to do renovations. I am now in my first week of business, and things are very slow. What I need to know is, am I...

No contracts.. [ 4 Answers ]

My workplace is just getting quieter and queter. The boss has already got rid of someone as he isn't making enough money to cover his wages. He cut this guys wages, so he left. He was bascially trying to get rid of him. A lot of people are leaving and now there are only a few of us left. What...


View more questions Search