[Crosstrain]

Hello.
With four months left on my lease I met with the Landlord and asked if the last month's rent could be used early. In return I would allow him to "Show" the unit to prospective buyers /leasees prior to the time allowed in the lease AND I would keep the unit in constant "Show" condition. As he had a deposit equal to one month's rent over and above the "last" month's rent- HE AGREED. He sent me a letter memorializing the conversation for me to sign and return. It clearly states our agreement. His signature line was left blank however. I signed it and returned it. He stopped by yesterday (two weeks after our agreement) and said his wife disagreed with him and that he changed his mind. He now wants the rent (which I spent as I had a need or we would not have met to begin with). I am in Florida. Does the lack of his signature void our verbal agreement that was captured in writing??

[rockinmommy]

Yes, and no. You still HAVE a verbal agreement (plus - because of the letter). Verbal agreements are binding, but only if both parties acknowledge them. He can't just say, "I changed my mind, so it's not valid." He'd have to say, "No I never agreed to that." In which case a judge would have to decide who to believe. I believe that you would have pretty good standing with that letter as you back-up.

Did you tell him that since he changed his mind about HIS side of the deal, that you've changed your mind and won't be able to keep the place in show ready condition now? If he's calling the deal off, then that negates the whole deal, not just his side of it. If he wants the place to show well, he might reconsider.

So are you moving at the end of this month? Or do you plan on still paying for the remaining 3 months?

I would write him a letter. Include a copy of his letter. Tell him that you consider this agreement that BOTH of you agreed upon to be a binding legal agreement. As a person of your word, you plan to uphold your end of the agreement, and respectfully ask him to do the same thing. If he needed his wife's consent he should have gotten that before he made an agreement with you. (Is his wife's name on the lease or the letter, or anything? If not, I'd state in the letter that his wife is not a party to either the lease agreement, nor this more recent agreement.) Send it off, keep a copy of course, and see what happens.

I believe if he attempted to evict you for this you would have an EXCELLENT defense.

[Fr_Chuck]

This is as noted a yes and no, part of the issue is there is a written lease, so in reality, any change to a written lease has to be in writing to make a change to a written lease. But a verbal agreement should be binding, the trouble is proving it. I do believe you are in the right, and hopefully it will not get to that point