[terri1957]

I have leased a property that verbally did not included the garage as the owner is using it for storage as the owner is traveling for awhile the tenant signed a lease but had a verbal agreement with owner that the owner would come backed periodically to check on his garage which is detached from thde house to stay in the garage for a short period. As the property manager this agreement was between the tenant and owner now the tenant is saying where it is not on my lease that he doesn't have to allow the owner to stay in his garage for a shor period due to utilies please help the person in of the middle

[smoothy]

What exactly is in the written lease? That is the part that easily proven... verbal agreements are very difficult to prove. How many people were there when the verbal agreement was made... not just heard second and third hand.

Poperty managers work on the behalf of the property owners... and legally as their agent.

[terri1957]

To smoothy. I was there when tenant and owner agreeded that it was OK with both parties for the owner to occupy the garage for storage and periodically stay in the garage. I did not put that agreement in my lease as the tenant was informed that the garage was detached and not part of lease contract. Tenant has complained that hbe has the right to go back on his verbal agreement as it is not on his lease.

[smoothy]

To smoothy. I was there when tenant and owner agreeded that it was ok with both parties for the owner to occupy the garage for storage and periodically stay in the garage. I did not put that agreement in my lease as the tenant was informed that the garage was detached and not part of lease contract. Tenant has complained that hbe has the right to go back on his verbal agreement as it is not on his lease.

Its not as good as in writing... but you could in court argue if they do that it would be a breech of lease... being there is a third witness to the agreement you might very well be able to prevail...

As a Property management place.. you must have a lawyer on retainer... I would bounce this off them and consider drafting a letter of warning that you would pursue breach of lease in the event they attempt to do that according to your states laws...

However something VERY important I should have asked first because rights can vary so much. What state/ country is this property in?

[joypulv]

"Due to utilities" is the key here. A landlord cannot charge for utilities that are not part of the tenant's living/using spaces. He either shuts up the garage completely and turns of the power to it, or he makes arrangements to deduct from the tenant's rent when he stays in it. The tenant can refuse and has a right to break the lease.

[ScottGem]

To smoothy. I was there when tenant and owner agreeded that it was ok with both parties for the owner to occupy the garage for storage and periodically stay in the garage. I did not put that agreement in my lease as the tenant was informed that the garage was detached and not part of lease contract. Tenant has complained that hbe has the right to go back on his verbal agreement as it is not on his lease.

The tenant hasn't a leg to stand on. You are a witness to this verbal agreement and that should hold up in court.

Also, if the tenant is using the words that he can go back on an agreement that validates the agreement. An agreement is an agreement. The only difference in a verbal agreement is that it is harder to prove.

[AK lawyer]

... I did not put that agreement in my lease as the tenant was informed that the garage was detached and not part of lease contract.

Big mistake on your part. Next time, if there are vebal agreements like this, write them in, if nothing else, and have the paries initial the changes.

Tenant has complained that hbe has the right to go back on his verbal agreement as it is not on his lease.

What is the description of the premises in the lease?

• "Residential property located at 123 Oak Street";
• "residential structure located at 123 Oak Street";
• or something else?

Verbal changes to a written contract may very well be invalid. It's called the "parole evidence rule". Ask your attorney how this is interpreted in your state, because, as I see it, it's your responsibility.

[joypulv]

The matter of utilities IS key here.
Where I live, if the court sees that the owner's space or even common areas use the utilities paid for by the tenant, even one little light bulb in a hall or on a porch, the owner gets socked with the entire bill, retroactively.
As it should.
Believe me or not, as you wish.