No lease verbal agreement in NJ with friend's dad
My daughter lived in a bedroom of a 5 bedroom house in New Jersey from Sept 2008 to Feb 2009 while at college. She is 19. My husband and her housemate's father verbally agreed on a monthly rent of $575 for this room. No lease was signed because he forgot to give us one. He is not organized. The other occupants in the house did sign a written lease. Daughter vacated and moved home due to severe medical issues. We have doctor's letters and correspondence with the college to prove this.
The father is suing us in small claims court for the balance of "the contract" even though we did not sign a contract.
I have copies of all "rent" checks and utility checks that we paid to this man until she vacated.
He is not the owner of the house. On record, the owner is his cousin.
NJ law says that in certain circumstances "a tenant can break a lease due to disabling illness". We have proof of this:she was disabled and briefly hospitalized.
Are we liable for the $2000 he claims we owe? He claims we owe him for 3.5 months rent.