rent question

[alleycat]

the ex roomie just informed me that he wants half of the month of march's rent back. do i have to do that? does anyone know?

 

[OUZBnd]

hmm... well technically he didn't live there during march since you kicked him out. So i guess he is sort of entitled to it. Then again you say he brought it on himself, so idk. Sounds like a good debate.

 

[SHARKBOY521]

i already called the start attorney generals office and they said i can but i have to sue you... and if you arent going to willing give me any of my rent back i will sue you for it

 

[TheOriginalJames]

If he's not on the lease he has no legal claim to his rent, since he's not entitled to pay you because of that, he first has to prove that he paid it to you. Of course by the same token (depending on the lease you signed) you may not be able to claim keeping it either.

 

[Mrs Behavin]

i already called the start attorney generals office and they said i can but i have to sue you... and if you arent going to willing give me any of my rent back i will sue you for it

So are you Ali's ex roomate she is talking about?:confused

 

[TheOriginalJames]

Yeah he is.

*after thinking about it for a few more minutes* I'd just give it back to him and be done with it. Fuck attorneys and court time, it'll be cheaper just to give it back to him and be done with kicking his ass to the curb.

 

[Darkstar]

If he's not on the lease he has no legal claim to his rent, since he's not entitled to pay you because of that, he first has to prove that he paid it to you. Of course by the same token (depending on the lease you signed) you may not be able to claim keeping it either.

This is true. Ali, do you have proof that he paid you?

 

[OUZBnd]

If he's not on the lease he has no legal claim to his rent, since he's not entitled to pay you because of that, he first has to prove that he paid it to you. Of course by the same token (depending on the lease you signed) you may not be able to claim keeping it either.

That's not true. Don't you ever watch Judge Judy!?

Consulting by business law book... A contract does not have to be in writing. In fact, an oral agreement is sufficient for a contract and many contracts are simply an oral agreement. The statute of frauds requires that all contracts that can not be fully performed within one year of their making to be in writing, otherwise oral is sufficient. I'm not sure the length of the terms of their agreement, so i'm unsure if this applys.

But otherwise, Ali defaulted on her oral agreement (contract) with her roomate by kicking him out. Since Ali defaulted, the roomate is entitled to his prorated rent in return.

This is my take on the situation. Keep in mind, I have an engineering degree, not law.

 

[SHARKBOY521]

legally an oral lease counts as a lease - and there are plenty of people who know that i paying rent AND she told the police i was paying rent!

yes i am the roommate in question

and darkstar, i did ask nicely - all that i said is that i would like at least half of marchs rent back - i was respectful and adult about it. i would appreciate it if you would not make uninformed statements about me like that

 

[Darkstar]

legally an oral lease counts as a lease - and there are plenty of people who know that i paying rent AND she told the police i was paying rent!

yes i am the roommate in question

and darkstar, i did ask nicely - all that i said is that i would like at least half of marchs rent back - i was respectful and adult about it. i would appreciate it if you would not make uninformed statements about me like that

You are right, edited.

 

[TheOriginalJames]

That's not true. Don't you ever watch Judge Judy!?

Consulting by business law book... A contract does not have to be in writing. In fact, an oral agreement is sufficient for a contract and many contracts are simply an oral agreement. The statute of frauds requires that all contracts that can not be fully performed within one year of their making to be in writing, otherwise oral is sufficient. I'm not sure the length of the terms of their agreement, so i'm unsure if this applys.

But otherwise, Ali defaulted on her oral agreement (contract) with her roomate by kicking him out. Since Ali defaulted, the roomate is entitled to his prorated rent in return.

This is my take on the situation. Keep in mind, I have an engineering degree, not law.

I do watch Judge Judy, and more often than not when a defendant is holding money from a plaintiff without a written and signed contract between the two, the plaintiff will win the case and get their money back most of the time.

Oral contracts usually do not hold up well in a court of law, otherwise I could sue you for almost anything.

Now as for defaulting on her oral contract, he caused distress to Ali which gave her sufficient rights to remove him from the premesis.

If I'd just paid rent on March 1st, and then gave my complex reason to kick me out on the 8th. I'm not entitled to my march rent back just because I was only there for 7 days past paying for that month. and this is on a WRITTEN contract, not an unprovable oral contract.

 

[1Guest]

I get bored and read forums now and then....so this is the only post I will have for this forum.

If he paid her in a check, or a money order, there is his proof. If he paid in cash, the lawyer could petition to have her retrieve all of her deposits and check the dates and amount of the rent that was deposited. If she gets caught "not telling the whole truth" in court, well that is another matter.
If there was no lease signed she has no right to keep the money, and to me is sounds like she is doing it out of spite.
Also, if money is an issue with Ali, then it's going to cost her even more if he wins, he could receive court and lawyer costs.
Also, as a renter, you are not allowed to give out any information about your renter which would risk his chance of renting another place, which you have done. You have also slandered his name as a renter.
My advise would be just to give him the money back. However, that is your choice on where you are going to take this. Also, next time you rent, look up the laws in renting and rights you have and the renter has.

 

[lemon]

I get bored and read forums now and then....so this is the only post I will have for this forum.

If he paid her in a check, or a money order, there is his proof. If he paid in cash, the lawyer could petition to have her retrieve all of her deposits and check the dates and amount of the rent that was deposited. If she gets caught "not telling the whole truth" in court, well that is another matter.
If there was no lease signed she has no right to keep the money, and to me is sounds like she is doing it out of spite.
Also, if money is an issue with Ali, then it's going to cost her even more if he wins, he could receive court and lawyer costs.
Also, as a renter, you are not allowed to give out any information about your renter which would risk his chance of renting another place, which you have done. You have also slandered his name as a renter.
My advise would be just to give him the money back. However, that is your choice on where you are going to take this. Also, next time you rent, look up the laws in renting and rights you have and the renter has.

the bolded block only depends on if the ex's name was on the lease. else, it has no effect.

 

[OUZBnd]

I do watch Judge Judy, and more often than not when a defendant is holding money from a plaintiff without a written and signed contract between the two, the plaintiff will win the case and get their money back most of the time.

Oral contracts usually do not hold up well in a court of law, otherwise I could sue you for almost anything.

Now as for defaulting on her oral contract, he caused distress to Ali which gave her sufficient rights to remove him from the premesis.

If I'd just paid rent on March 1st, and then gave my complex reason to kick me out on the 8th. I'm not entitled to my march rent back just because I was only there for 7 days past paying for that month. and this is on a WRITTEN contract, not an unprovable oral contract.

Judge judy was a joke.

James, I'm not here to get in a debate with you. But you simply are wrong regarding oral contracts. I took a 10 week business law course dedicated to contractual obligations, so I'm not just spouting off BS here. An oral contract has EVERY obligation to be fulfilled as a written contract. Sure, it can be harder to prove whether an oral contract existed, but it would be pretty simple in this case since her roomate lived with her for an amount of time and paid a set amount of money (rent) for a set period (monthly) in exchange for living arangements (aparment). Thats proof enough to show that an oral contract existed.

If you want to debate this further then can I assume you have *actual* knowledge of contractual law, rather than just going by what you've seen? (not meant as an insult, i just dont want to waste my time if i don't have too )

 

[alleycat]

Ok everyone. I went to the police station and talked to the police and got the police report. I have Sharkboy blocked, so I cant see what he posts and it doesnt really matter. The report says it all.
Names (other)
John B (boyfriend)
Alicia K (moi)
our address is listed as our residence.
Suspect
Jeff (roomie)
different address

Cops statement, " Upon my arrival, I located and spoke with 3 involved parties who were identified as: John, Alicia, and Jeff. All 3 stated that it was a verbal argument only and Jeff was mad at Alicia for an unspecified reason. I observed no sign of injury to any of the three and none complained of any. Jeff was transported to the PD lobby where he was later picked up by his mother. "

Officer on Duty said that since there was no written lease agreement, no written eviction notice, and that he always paid in cash, he stands no chance in court. He said it would be considered a civil matter. He also said that since he wasnt on a lease and there was no proof he even paid me, I have nothing to worry about.

Problem solved. Thanks everyone for your help. I will be notifying Jeff via certified mail about this and hopefully this is all over. Im going to quit reading these posts because I really dont need to hear what will be said. Im sticking to my advice from the police. I dont care to read the arguing after this.

 

[Kat]

I have to say my personal opinion..no matter what the circumstances that went on. Since he is not living there he should be entitled to his rent back..or at least half.

No matter whos at fault for him being gone from the apartment.

 

[Boomer]

Nice! I wonder if he is still going to frequent Offtopicz.

 

[Darkstar]

How much IS half the rent? He may really need it if he is planning on getting a place of his own.

 

[Mrs Behavin]

Ok everyone. I went to the police station and talked to the police and got the police report. I have Sharkboy blocked, so I cant see what he posts and it doesnt really matter. The report says it all

I hate to sound like a bad guy here but if you really didnt want to know what Sharkboy had to say, then why did you start this thread? I understand you may have needed some help but why actually start this thread when you knew that he is a member here?

 

[Kat]

How much IS half the rent? He may really need it if he is planning on getting a place of his own.

Thats why I said what I did crys. He probably really does need it. and despite circumstances... it would probably help him. and help let this business between them drop too