Ask Me Help Desk - Amended lease with verbal agreement

Quote:

Originally Posted by Jayk

i gave notice on september 4th that I would not be renewing the lease for my apartment. this was well within the 60 days notice that the complex requires.

about a week ago someone at the management office for my apartment complex called me and asked if i would be willing to change the date to vacate to october 31st instead of december 17th in order to allow a new tenant to move in since they were out of 1 bedroom apartments. they asked me this as a favor, and since i was eager to get out and had a new home already lined up, i agreed to be out by october 31st.

today, september 27th, they called me to ask me to come to the office to sign the documents for vacating the apartment. and now claim that the date was never changed and that they never even called me. my fiance and i have already made arrangements to move on october 31st.

the S.C. code of laws title 27 chapter 35 section 27-35-110 sates; When there is an express agreement, either oral or written, as to the term of the tenancy of a tenant for term or for years such tenancy shall end without notice upon the last day of the agreed term.

can i take this to mean that the new verbal agreement for the new date is binding? should i try to find a lawyer to help me with this?

Unfortunately, law or no law it's going to be your word against the landlord's word. If there was a verbal agreement, yes, it's binding. But if they say there was no verbal agreement, they don't do business in that manner and everything is in writing (which I would think will be their argument) you have a problem.

I would consult with an Attorney, certainly, but it's going to boil down to who is the most believable under the circumstances.