View Full Version : No lease/small claims.
bettytrees
Apr 2, 2007, 09:52 AM
My husband's grandmother bought a house, which she said we could rent for 500$ per month. Then she decided to sell the house, leaving management for the time being in the hands of my brother-in-law. We moved out at the end of February with just under 30 days notice. We never discussed notice for evacuation because we were told far in advance that we had to leave at the latest by April, but the sooner the better.
We were told verbally that we had until the end of March to get our things out of the garage. A week later my brother-in-law called us back to tell us we owed money for the garage for March, in the same amount as we had been paying for the apartment and the garage combined before. I am not going to pay this, as there was no verbal agreement and I never signed any paperwork *at all* in regard to the apartment or the garage.
They are now going to take us to small claims court.
However, with the lack of the agreement (verbal or written) I am under the impression that they have no/little legal recourse.
What do you think?
ScottGem
Apr 2, 2007, 09:59 AM
Well, if the suit says you owe $500 for the garage rental for March, they probably will not win. However, if the suit says you owe the March rental they might win. Generally, a termination of move out notice is required to cover one FULL rental period. So if you moved out on 2/28 and notified them after 2/1, they could claim you didn't fulfill the notification requirement and owe for March.
However, if you were told previously that you needed to be out by 4/1 and you moved out earlier and they had no intention of renting the property because it was up for sale, Even with the short notice, they probably won't win.
If, however, they modify the complaint to charge you a reasonable amount for the garage rental, since you didn't clean it out when you moved, that they might win.
parothrock2003
Apr 2, 2007, 02:20 PM
My husband's grandmother bought a house, which she said we could rent for 500$ per month. Then she decided to sell the house, leaving management for the time being in the hands of my brother-in-law. we moved out at the end of february with just under 30 days notice. We never discussed notice for evacuation because we were told far in advance that we had to leave at the latest by April, but the sooner the better.
We were told verbally that we had until the end of March to get our things out of the garage. A week later my brother-in-law called us back to tell us we owed money for the garage for March, in the same amount as we had been paying for the apartment and the garage combined before. I am not going to pay this, as there was no verbal agreement and I never signed any paperwork *at all* in regard to the apartment or the garage.
They are now going to take us to small claims court.
However, with the lack of the agreement (verbal or written) I am under the impression that they have no/little legal recourse.
What do you think?
if there is no written proof or verbal agreement there is no legal way he can sue you for that money as long as it is on the property of the house your are renting. As well, if there is a written lease and it states you will recieve an eviction notice they can NOT make you move until 30 after the date the notice is issued
Fr_Chuck
Apr 2, 2007, 03:44 PM
A verbal rental is very legal and can be inforced and of course they can sue you on a verbal rental, Happens every day in small claims court all around the nation. They will have rental checks to show you were paying rent and will testify to that agreement.
And even part of his statement on written lease is not correct, I don't know they must have been watching judge judy or someone today on TV
But anyway, if you did not move all of your belongings off the property, you were not moved out yet, and can be held responsible for the rent. Far too often when dealing with family people think they will get a special deal that others would not get.
If you had a verbal agreement and you moved out, they can expect a full months rent from the time you give notice. And if you leave your property in the house ( or garage) and YOU did not call them and make arrangements, they can expect payment for that also.
Sorry but if they sue you I would say they have a very good chance of winning,
Cvillecpm
Apr 2, 2007, 04:56 PM
My husband's grandmother bought a house, which she said we could rent for 500$ per month. Then she decided to sell the house, leaving management for the time being in the hands of my brother-in-law. we moved out at the end of february with just under 30 days notice. We never discussed notice for evacuation because we were told far in advance that we had to leave at the latest by April, but the sooner the better.
We were told verbally that we had until the end of March to get our things out of the garage. A week later my brother-in-law called us back to tell us we owed money for the garage for March, in the same amount as we had been paying for the apartment and the garage combined before. I am not going to pay this, as there was no verbal agreement and I never signed any paperwork *at all* in regard to the apartment or the garage.
They are now going to take us to small claims court.
However, with the lack of the agreement (verbal or written) I am under the impression that they have no/little legal recourse.
What do you think?
He said/She said... you need all the documentaton including cancelled checks for rent.