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lil_sis5353 · Oct 16, 2006, 04:40 PM

Answered ad in paper for house for rent, talked with landlord later that evening after seeing the house. Met with the landlord and gave her the rent and deposit, being $770.00 cash. Landlord was going out of town the next day so we gave her the money so we could clean and move in small non needed items while we were waiting for the electrician to fix the meter box outside the house. The landlord was going out of town and would not be back until the following week. During the week we decided not to take the house due to personal reasons. Called the landlord on Sunday and explained the situation to her and requested our money be returned to us. We had not signed a contract. Only spoke of a verbal agreement containing of no loud music, no pets, keep house clean and not to destroy the property. Also told it was not a binding lease. Landlord told us "sorry, that's unforunate for you but I used the money to fix the meter box and don't have it. She still refuses to give us any money back and said it was hers because of the contract (that we did not sign or even see). If we take her to small claims court is there a chance that we will win?

excon · Oct 16, 2006, 05:27 PM

Hello lil:

You made a verbal agreement which resulted in rent and a deposit being paid. You are a month to month tenant. Give her 30 days WRITTEN notice right now, or you'll owe for another month.

excon

ScottGem · Oct 16, 2006, 07:00 PM

A contract does not necessarily have to be written to be enforceable. As long as consideration was giving on both sides a contract was in force. You handed over funds and received the keys. Therefore a contract can be proven to have been in force. So you owe at least one month's rent. However, you should be able to get the deposit back, but you will probably need to sue them for it and then have to go through the process of trying to collect.

lil_sis5353 · Oct 16, 2006, 08:11 PM

We did NOT receive any keys or written contract she also stated that there was no binding lease.

excon · Oct 17, 2006, 05:45 AM

Hello again, lil:

You need to pay attention. You have a contract with her. It doesn't need to be written. Whether you received keys or NOT makes NO DIFFERENCE.

She said that there was no binding lease?? Well, I'll bet she'll change her mind if you sue her. And, she'll be right too. There was a lease, nomatter what ANY of you say.

excon

ScottGem · Oct 17, 2006, 06:53 AM

Originally Posted by lil_sis5353

we did NOT recieve any keys or written contract she also stated that there was no binding lease.

I used the keys figuratively. You stated you gave over the money; "so we could clean and move in small non needed items". The assumption was that you did this because the landlord gave you permission to do so. The tendering of the money and its acceptance by the landlord formalized the agreement.

Unless you have something in writing that proves you weren't bound even though the funds were accepted you have no case on the rent. But as I said you do have a case on the deposit.

lil_sis5353 · Oct 17, 2006, 04:38 PM

Thank you guys so much for the tips and info. I really appreciate your time!