 |
|
|
 |
New Member
|
|
Apr 2, 2007, 09:52 AM
|
|
No lease/small claims.
My husband's grandmother bought a house, which she said we could rent for 500$ per month. Then she decided to sell the house, leaving management for the time being in the hands of my brother-in-law. We moved out at the end of February with just under 30 days notice. We never discussed notice for evacuation because we were told far in advance that we had to leave at the latest by April, but the sooner the better.
We were told verbally that we had until the end of March to get our things out of the garage. A week later my brother-in-law called us back to tell us we owed money for the garage for March, in the same amount as we had been paying for the apartment and the garage combined before. I am not going to pay this, as there was no verbal agreement and I never signed any paperwork *at all* in regard to the apartment or the garage.
They are now going to take us to small claims court.
However, with the lack of the agreement (verbal or written) I am under the impression that they have no/little legal recourse.
What do you think?
|
|
 |
Computer Expert and Renaissance Man
|
|
Apr 2, 2007, 09:59 AM
|
|
Well, if the suit says you owe $500 for the garage rental for March, they probably will not win. However, if the suit says you owe the March rental they might win. Generally, a termination of move out notice is required to cover one FULL rental period. So if you moved out on 2/28 and notified them after 2/1, they could claim you didn't fulfill the notification requirement and owe for March.
However, if you were told previously that you needed to be out by 4/1 and you moved out earlier and they had no intention of renting the property because it was up for sale, Even with the short notice, they probably won't win.
If, however, they modify the complaint to charge you a reasonable amount for the garage rental, since you didn't clean it out when you moved, that they might win.
|
|
 |
New Member
|
|
Apr 2, 2007, 02:20 PM
|
|
 Originally Posted by bettytrees
My husband's grandmother bought a house, which she said we could rent for 500$ per month. Then she decided to sell the house, leaving management for the time being in the hands of my brother-in-law. we moved out at the end of february with just under 30 days notice. We never discussed notice for evacuation because we were told far in advance that we had to leave at the latest by April, but the sooner the better.
We were told verbally that we had until the end of March to get our things out of the garage. A week later my brother-in-law called us back to tell us we owed money for the garage for March, in the same amount as we had been paying for the apartment and the garage combined before. I am not going to pay this, as there was no verbal agreement and I never signed any paperwork *at all* in regard to the apartment or the garage.
They are now going to take us to small claims court.
However, with the lack of the agreement (verbal or written) I am under the impression that they have no/little legal recourse.
What do you think?
if there is no written proof or verbal agreement there is no legal way he can sue you for that money as long as it is on the property of the house your are renting. As well, if there is a written lease and it states you will recieve an eviction notice they can NOT make you move until 30 after the date the notice is issued
|
|
 |
Expert
|
|
Apr 2, 2007, 03:44 PM
|
|
A verbal rental is very legal and can be inforced and of course they can sue you on a verbal rental, Happens every day in small claims court all around the nation. They will have rental checks to show you were paying rent and will testify to that agreement.
And even part of his statement on written lease is not correct, I don't know they must have been watching judge judy or someone today on TV
But anyway, if you did not move all of your belongings off the property, you were not moved out yet, and can be held responsible for the rent. Far too often when dealing with family people think they will get a special deal that others would not get.
If you had a verbal agreement and you moved out, they can expect a full months rent from the time you give notice. And if you leave your property in the house ( or garage) and YOU did not call them and make arrangements, they can expect payment for that also.
Sorry but if they sue you I would say they have a very good chance of winning,
|
|
 |
Senior Member
|
|
Apr 2, 2007, 04:56 PM
|
|
 Originally Posted by bettytrees
My husband's grandmother bought a house, which she said we could rent for 500$ per month. Then she decided to sell the house, leaving management for the time being in the hands of my brother-in-law. we moved out at the end of february with just under 30 days notice. We never discussed notice for evacuation because we were told far in advance that we had to leave at the latest by April, but the sooner the better.
We were told verbally that we had until the end of March to get our things out of the garage. A week later my brother-in-law called us back to tell us we owed money for the garage for March, in the same amount as we had been paying for the apartment and the garage combined before. I am not going to pay this, as there was no verbal agreement and I never signed any paperwork *at all* in regard to the apartment or the garage.
They are now going to take us to small claims court.
However, with the lack of the agreement (verbal or written) I am under the impression that they have no/little legal recourse.
What do you think?
He said/She said... you need all the documentaton including cancelled checks for rent.
|
|
Question Tools |
Search this Question |
|
|
Add your answer here.
Check out some similar questions!
Can I use this to take someone to small claims?
[ 5 Answers ]
I am going to make it short and sweet. We went to settlement on the our purchase of a home and, because I thought I knew the person we bought our home from I did not take a written agreement. BIG NO NO on my behalf realizing that now...
The agreement was for the seller to come back and repair...
Small claims
[ 7 Answers ]
My car was hit back in April. Since no one was hurt, and I was in such a hurry to get where I was going, I did not call the police. I quickly jotted down the man's information myself. However, I cannot get money out of the guy. He said he would pay and now isn't. The damage is approx $400.00. ...
Small claims
[ 2 Answers ]
I am going to sue in small claims court... the situation is... I paid a sort of boyfriend my half of a vacation that never happened... I canceled the vacation in time to get a return for my share of the cost... it was all on his credit card... when it came back to his card he never gave me the...
Small claims
[ 2 Answers ]
I am going to sue someone in small claims court... he is a German man... he has lived in America for many years... speaks English well... his wife is telling me I must pay for an interrupter as English isn't his native language... he has got a drivers license in the us.. as well as has got a...
Took ex boyfriend to small claims, HELP
[ 4 Answers ]
I took my ex boyfriend to small claims because he owes me $2,600. And I won, but I am having trouble getting the money. I tried to garnish his wages, he works with his grandfather, so they lied and said he is working part time. So I couldn't garnish. What do I do?? I want to know if I can take...
View more questions
Search
|