[kaegun]

Hello,

Thanks in advance for any answers or suggestions.

My husband and I are dealing with a situation with a former landlord. The landlord told us he wanted us to move out two months before our lease was up. It actually worked in our best interest to do so. We found a new house and told the landlord, who then informed us that he had changed his mind and didn't want us to move out early.

After several conversations with him, he finally told us (on a Wednesday) that we had to be out by the upcoming Sunday. So, we were. About a week after we moved out we received a letter from him stating that we had abandoned the property.

My husband and I feel that he is setting up a lawsuit. Including charging us for utilities since we have moved out and a $50/day late fee. Any ideas on what we should do? We thought that we were doing what the landlord wanted us to do... move out! And did I mention that the landlord was my husbands best friend! I know we should have demanded a letter from him stating he wanted us to move out, but with the friendship we just didn't even think about it.

I'm mostly wondering if the verbal agreement on the phone for us to move out is sufficient enough to hold up if we are sued.

Thanks,

Katie

[excon]

Hello Katie:

I don't know. If HE has a written signed lease, and all you have is his word, he's got an advantage over you.

However, lots of small claims court judges look to what the actions were of the participants, rather than what was written. If you're sued, just tell the judge what you told us. He'll believe you, or he won't.

excon