Ask Me Help Desk - Verbal agreement assistance

My situation:
We are in Tennessee renting from a landlord who lives in California
The original VERBAL agreement was
"we would rent for three months at $800 a month and in that time he would fix up the problems in the house, then we would rent to own for $1200 a month"
We moved in the house in November of last year. By January he did not do ANYTHING expect plumbing repairs. His reason was "he did not have any cash to make repairs"
We then refused to pay any rent since
He is now taking us to court for non payment of rent, attorney fees and possession of the house
All conversations were on the phone so I have no written evidence of any agreements. The lease we signed was for two years at $800 a month with no mention of renting to own.repairs etc
I have photos of all problems in the house
that include 16 broken/cracked windows, two huge holes in the walls left by plumbers (one 3x5 feet, another 2x4 feet) floors coming up, NO heat in the house (we froze all winter) foundation cracking, wood steps and deck rotting and falling apart
Due to being in need of a new car we had to use back rent money we had held for a car to get to work and back so we do not have the back rent we had saved up.
Do any of you have any suggestions
Court date is April 23rd

Get an attorney, because from what you had told us you don't have a leg to stand on. Your biggest mistake was using the rent money for something else. Had you deposited that money in a separate account and left it there (you might have to use a special escrow account) you pretty much forfeited much of your case. Had you use the money to make the repairs and then deducted that from rent, that would have given you case.

Without anything in written to show the agreement, he will probably win in court.

Do you think the pictures I have of repairs that need to be made will help at all?

Quote:

Originally Posted by ScottGem

Get an attorney, because from what you had told us you don't have a leg to stand on. Your biggest mistake was using the rent money for something else. Had you deposited that money in a separate account and left it there (you might have to use a special escrow account) you pretty much forfeited much of your case. Had you use the money to make the repairs and then deducted that from rent, that would have given you case.

Without anything in written to show the agreement, he will probably win in court.

I am sure the landlord will admit to the need of certain repairs, but unless they would not allow for a certificate of occupancy it will only show he is a slum landlord. If this did not make the house unlivable??

And your biggest mistake at this point was that to not pay rent for the need of repairs, you would have had to 1. either pay for the repairs yourself or 2, which is what is suppoe to happen, set up a escrow fund and put the rent into that fund to give the landlord when the repairs are made.

I would say if I had to bet on it, your landlord will win.

Okay Here is a 2 parter and I promise no more questions
First off we never had a certifacate of ocupancy. When he re financed the house he told us to tell the people who came out, we were friends of his staying with him until we found a house.
Second what happens if we vacate the property before the court date? I know we still have to go to the court date, but will a judgement of payment still come?

Quote:

Originally Posted by Fr_Chuck

I am sure the landlord will admit to the need of certain repairs, but unless they would not allow for a certificate of occupancy it will only show he is a slum landlord. If this did nto make the house unlivable ???

And your biggest mistake at this point was that to not pay rent for the need of repairs, you would have had to 1. either pay for the repairs yourself or 2, which is what is suppoe to happen, set up a escrow fund and put the rent into that fund to give the landlord when the repairs are made.

I would say if I had to bet on it, your landlord will win.

Ok, go to the building inspector or zoning ( depends on who does them there) any rental that does not have a ceriticate of occupancy has a illegal rental. A illegal rental can not be inforced, that may only mean of course that they can't force you to pay any back rent, but it will still mean you have to move.

If you move out, a month to monty will require a 30 day notice, and you would still owe the rent and the back rent ( assuming the judge upholds it as a valid rental) and yes they will most likely give them the rental and then the attorney fees.

With that said, if there was no heat, and floor issues, this will cause a lot of problems

Thank you so much for all your replies. I appreciate your help.
I will find out who does the CO and go from there

Quote:

Originally Posted by Fr_Chuck

Ok, go to the building inspector or zoning ( depends on who does them there) any rental that does not have a ceriticate of occupancy has a illegal rental. A illegal rental can not be inforced, that may only mean of course that they can't force you to pay any back rent, but it will still mean you have to move.

If you move out, a month to monty will require a 30 day notice, and you would still owe the rent and the back rent ( assuming the judge upholds it as a valid rental) and yes they will most likely give them the rental and then the attorney fees.

With that said, if there was no heat, and floor issues, this will cause alot of problems