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    serendipity2005's Avatar
    serendipity2005 Posts: 4, Reputation: 1
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    #1

    Jun 17, 2008, 11:13 AM
    Listed as an occupant but roommates claiming an oral agreement ?
    (In Florida)

    A friend lived in an apartment as an occupant and has no legal ties to the lease. The friend told the other two roommates that she would be moving after only 10 months of living there (2 months short of the least). This was told prior to them moving in together. (She was graduating college and the move out date wasn't going to change)

    In the middle of the year, one of the tenants (on the lease) moved out, had someone else move in... and did all this without notifying the apt landlord/complex. The tenant also charged the person who moved in much more than the rent and makes a profit.

    My friend tried finding a person to move into their room, however every time someone came by, the person who moved into the other room mid-year had a large bird/macaw that would squawk and screech and clearly turned people away.

    My friend moved out like she said and now the two tenants (including the one that doesn't live there) are claiming to sue my friend saying there was an oral agreement. My friend agreed to TRY to find someone and that was it. Again, the other two tenants knew my friend would be leaving because she was graduating college at the beginning of the month.

    Any advice or suggestions?

    (My friend is going to law school and doesn't want this to hurt their chances of taking the bar and so forth)

    If this did go to court, would the judge not throw the case out?

    (the old roommates are threatening that this will hurt her on the bar exam, as well as sueing for cable and internet charges).
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jun 17, 2008, 11:17 AM
    The oral agreement being 10 months and she didn't sign anything I would say that they can not get anything from her as far as rent for the other two months because it would be a he said/she said thing. If she owes any utilities or back rent they can get her for that.
    serendipity2005's Avatar
    serendipity2005 Posts: 4, Reputation: 1
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    #3

    Jun 17, 2008, 11:22 AM
    She has her checks (well, she can get copies from the bank), showing she paid rent and the internet/cable that was in her name for the 10 months.

    She is worried that the two other roommates will claim that there was an oral agreement and it will hurt her going to law school and such.
    And she isn't sure if she did get sued, would the judge throw it out?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jun 17, 2008, 11:22 AM
    While an oral agreement can be binding it has to be proven. Its much more logical to believe your friend's story since she has the empirical evidence of her graduation date. Nor do I think a small claims case would impact her ability to take the bar. But I would check that with her law school guidance counselor.
    serendipity2005's Avatar
    serendipity2005 Posts: 4, Reputation: 1
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    #5

    Jun 17, 2008, 11:23 AM
    Thanks scott. She's going to check with the counselor at her school, she was just getting nervous.

    The only evidence that she can come up with is the two girls claiming the agreement. And she told them she was graduating in may and moving out afterward...

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