Hi,

I'm currently renting from a person, who verbally agreed upon my lease and lease option to purchase. I moved into the home (Florida) last Septmber, with the understanding, within 2 years, I could either purchase the home, or continue to rent. So with this being said, I spent about $8k in maintenance of the yard, professional painters, and numerous home imporvements. I received a call last week from the owner, informing me I had till 8/31 to move out. Keep in mind, there is not contract in writing, up to this point, it's all be verbal. Crashed as I was, I spent the whole weekend looking for a home to provide for my mother and toddler son. I'm a signal mom, so for me to come up with (roughly) $7k to get moved in somewhere, is going to be extremely tough. I've sent the owner and email, explaining, going forward, I will be out of the home by the end of June, but due to the short amount of time, I would no longer be paying rent, due to the expense of my new moving cost.

I realize this is not the most professional way to resolve this issue, but since nothing was never put in writing, and I've already lost $8k in the maintenance of the home, and know I will never see, I look at it as a wash. Can he evicate me without giving me a 30 day notice? Please adivse.

Verbal agreements are just as binding as written contracts, however it is much harder to prove they ever existed in the first place. You need to talk to a lawyer, at best case scenario you may get some expense reimbursement. He gave you more than 30 days, 8/31 and it is only 5/30.

In Virginia, any agreement regarding real estate has to be in writing to be enforceable if the agreement carries over one year.

Do you have a witness to your agreement? I am surprised you would put so much money in a property without something in writing to protect yourself. Did you keep the receipts?

Unfortunately, as far as I know, the above is correct. A verbal lease is OK but if you were to be given the option to buy, this would have to be in writing. The landlord might consider re-imbursing you if you made improvements (not including painting or yard work, this is all just decoration to make the home look the way YOU wanted it to, the next renters or buyers may not like it so it may not have necessarily added value)

Don't send an email, too easy to delete, go talk to the landlord and explain that you spent money on the home cause you thought you had the option to buy, ask again if you can buy and if not ask that he gives a month or 2 free to cover your costs.

But, as far as I know, he wouldn't legally have to do this.

The bad news is that your verbal agreements concerning this property are not binding. The good news is that you may be able to recover the money you spent on improvements to the property.

Since nothing was in writing you are considered a month-to-month tenant and the landlord may terminate the tenancy with 30 days notice. However, since the landlord made a promise to you that you could continue to lease and that you had an option to purchase, and since you spent considerable money in reliance on that promise, you may be able to recover that money.

If I were in your position I would send a letter to the landlord by certified mail informing them that you spent a considerable amount of money improving the property because you relied on their promise to sell it to you. Therefore you will vacate but any rent that might be due will be deducted from the total that you spent on improvements, and that you expect reimbursement of the balance of that money on the date that you deliver possession of the property to the landlord. It's worth a try.

As for eviction, in the case of non-payment of rent the landlord must give you 3, 5, 7 or 10 days notice, depending on the laws in your state. If you haven't vacated by that date then the landlord must file a lawsuit for eviction. Check the sticky at the top of the Real Estate Law forum to see the laws for Florida.

Good day! I have question, I rent one area for my small business computer shop my agreement only a oral can I file a case of the owner of the building breach of contract because he give only one month extension but I have 1 year left before my oral contract end. I start may 2009 - may 2010. Please give me advice...


Thank you

Hello joy:

It's not a good idea to piggyback your question onto somebody else's. It won't get seen that way. Maybe somebody will come along and move it.

Business leases aren't the same as residential. If you have NOTHING in writing, you have NOTHING to hold the owner to. So, I wouldn't file ANYTHING on him. Wait for him to file something on you that he can't prove either.

In any case, you're going to have to relocate your business, and the sooner the better.

excon

My mother gave me a house in Florida in front of two witiness later one of my witiness called her and ask how she could afford to do that and she said she just could. She still hasn't signed the house over to me how long can I wait for her to sign it over before the aggrement is void.

Quote:

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Originally Posted by venja

My mother gave me a house in Florida in front of two witiness later one of my witiness called her and ask how she could afford to do that and she said she just could. She still hasn't signed the house over to me how long can I wait for her to sign it over before the aggrement is void.

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It wasn't an agreement. It was a gift. An unenforceable one.

Transfers of real estate are not accomplished by mere verbal statements. If you don't have a deed you have nothing.

It's called the Statute of Frauds:

Florida Statute 725.01 Promise to pay another’s debt, etc.—
"No action shall be brought whereby to charge any executor or administrator upon any special promise to answer or pay any debt or damages out of her or his own estate, or whereby to charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person or to charge any person upon any agreement made upon consideration of marriage, or upon any contract for the sale of lands, tenements or hereditaments, or of any uncertain interest in or concerning them, or for any lease thereof for a period longer than 1 year, or upon any agreement that is not to be performed within the space of 1 year from the making thereof, or whereby to charge any health care provider upon any guarantee, warranty, or assurance as to the results of any medical, surgical, or diagnostic procedure performed by any physician licensed under chapter 458, osteopathic physician licensed under chapter 459, chiropractic physician licensed under chapter 460, podiatric physician licensed under chapter 461, or dentist licensed under chapter 466, unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith or by some other person by her or him thereunto lawfully authorized."

My mother is still alive.