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    remorcefull's Avatar
    remorcefull Posts: 1, Reputation: 1
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    #1

    Jul 2, 2009, 05:42 PM
    Verbal agreement in subletting a room in an apartment
    2 months ago I was in hurry to find a place to stay in.I found that someone is subletting his room in a 2-bedroom apartment at least for 1 month and maximum for 4 months.
    I told the tenant to fill out the sublet form but he didn't and he just trusted on verbal agreement.I told him I would stay for 4 months in his room but I gave him just the cheques of the first 2 months and I was supposed to deposit the rent for the remaining months.After the first weeks I started having troubles and I found out that I could not stay in his apartment anymore. I called him and told him that I would move out after the 2nd month but he told me I had to stay since I had promised him.I said I can't but he just insisted on my verbal promise. In the mid of the second time he asked me if I am going to stay and although I said I can't he again told me I should stay. So I told him I would stay the 3rd month and not the 4th month and he sent me a text message that he would send me his account information and I said OK, sure . I will deposit(although somehow I felt I couldn't resist in front of him and I condemned myself to what he wanted). I found a better place after then and I moved out in the first day of the 3rd month and sent him a text message that I could not live there anymore. He called me the day after that and told me I should pay the rent for the 3rd month because we had agreement. But I don't want to do that.
    Can he win the court? We did not have any written sublease form and all the thing were verbal. We had just some text messages related to our discussions.
    Can he take the rent of the 3rd month from me legally based on verbal agreement(and not written) and some text messages?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Jul 2, 2009, 05:50 PM

    You had a verbal agreement so that is iffy if you should or shouldn't. What you should have done was look for someone to replace you and told him to be looking too.
    Since it is already into the 3rd month you probably should at least split the cost with him.
    Legally I doubt you are obligated to him since there was no written agreement
    emacon's Avatar
    emacon Posts: 48, Reputation: -4
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    #3

    Jul 2, 2009, 06:03 PM
    Quote Originally Posted by remorcefull View Post
    2 months ago I was in hurry to find a place to stay in.I found that someone is subletting his room in a 2-bedroom apartment at least for 1 month and maximum for 4 months.
    I told the tenant to fill out the sublet form but he didnt and he just trusted on verbal agreement.I told him I would stay for 4 months in his room but I gave him just the cheques of the first 2 months and I was supposed to deposit the rent for the remaining months.After the first weeks I started having troubles and I found out that I could not stay in his apartment anymore. I called him and told him that I would move out after the 2nd month but he told me I had to stay since I had promised him.I said I can't but he just insisted on my verbal promise. In the mid of the second time he asked me if I am going to stay and although I said I can't he again told me I should stay. So I told him I would stay the 3rd month and not the 4th month and he sent me a text message that he would send me his account information and I said OK, sure . I will deposit(although somehow I felt I couldnt resist in front of him and I condemned myself to what he wanted). I found a better place after then and I moved out in the first day of the 3rd month and sent him a text message that I could not live there anymore. He called me the day after that and told me I should pay the rent for the 3rd month because we had agreement. But I dont want to do that.
    Can he win the court? We did not have any written sublease form and all the thing were verbal. We had just some text messages related to our discussions.
    Can he take the rent of the 3rd month from me legally based on verbal agreement(and not written) and some text messages?
    Verbal agreements are binding. He can file a lawsuit and he will win but then he has to collect and that is the tough part. He has to find your assets. The court will not help him in collecting his money.
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #4

    Jul 2, 2009, 06:10 PM
    Quote Originally Posted by emacon View Post
    Verbal agreements are binding. He can file a lawsuit and he will win but then he has to collect and that is the tough part. He has to find your assets. The court will not help him in collecting his money.
    Yeah I am thinking of the situations where it is he said she said and the Judge has to figure out who isn't being honest.

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