rent question

[OUZBnd]

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.

I wouldn't take that as a problem solved. The office on duty should have been smart enough to realize he is not obligated (nor allowed in my town) to give you legal advice. Since he lacked that knowledge, i would also question his knowledge of the law regarding contractual agreements. It is the purpose of lawyers to give legal advice and the judge to determine whom is correct. Honestly, I think you should save yourself the time and court cost and resolve this like an adult. He doesn't live there, why should he still pay you rent?

 

[SHARKBOY521]

i want to know why it says that i am the suspect! thats BS... but i do appreciate what you all have to say...

 

[TheOriginalJames]

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 )

Regardless if Judge Judy is a joke, it's still a court of law and a written contract is still the best way for Ali to have covered her ass.

When BDN moves in, he's going to sign a lease to my house.


Anyway, I've read through books about rights for renters, and rights for rentee's. I used to work in a book warehouse, remember? :tongue:

Contract and non contract, all I'm trying to say is that it's going to be slightly harder to prove that he paid it. In the end my advice is still for Ali to just pay him back to avoid possible court and lawyer fees.


BUT, my take on it is this.

Ali - wanna live with us? Pay us xxx amount of dollars per month.

Guy - Sure.

Guy threatens Ali and forces Ali to kick him out for fear of losing her life, etc.

For the threat, IMO the oral contract has been voided due to other circumstances aside from non payment. His staying at the apartment was terminated because of his actions. Like I stated in my example, people leasing the apartments to tenants can do this at anytime without having to reimburse partial or full months rent payments already made - whether there is an actual contract or lease signed or not. It's the same way with any leasing arrangements. If the complex evicts you, or your house gets foreclosed upon, YOU are NOT entitled to that partial month/week/whatever rent/mortgage that you may have just paid.

 

[alleycat]

After discussing with friends and family, the best solution I can come up with is this...

This is a contract i wrote up. If he doesnt agree to this and sign it, then he can take me to court. I made an attempt to settle and I feel it was more than fair.

This is a confirmation of reconciliation for rental fees paid by Jeff on March 1, 2007. His evacuation of the premises will leave the room vacant. Jeff has requested a partial refund of rental fees he has paid. The monthly rental fee was $400 a month. The room was not completely vacated until the 13th of March. Upon which, the garage door opener was not returned. On the day of March 13th, I took 2 hours off work to accommodate the requested 3pm removal of Jeff’s property. He was specifically told that I had to take time off work and that he needed to be prompt on his arrival as it costs me money. He did not show until 4:45pm. The condition of the room as it was left is unacceptable. The carpet will need to be cleaned. Garbage was left in the kitchen and garage. This will take my personal time and money to clean. As half of the month was occupied, half of the rent would be $200. However, considering my personal time and money lost, I believe a reconciliation of $100 upon the return of the garage door opener is more than accommodating on my behalf. Upon signing and dating this, both parties agree to this settlement.






Alicia______________________________ Date____________________




Jeff________________________________ Date____________________




Witnessed by
John _______________________ Date_____________________

 

[OUZBnd]

Ali, if all of the above is true then that seems more than fair, imo.

 

[alleycat]

yes and I will take pictures to document all of it. this way i have paperwork to prove all this crap if he ever decides to continue.

special thanks to kat and ouz who gave me their honesty. love ya guys.

 

[SHARKBOY521]

"Guy threatens Ali and forces Ali to kick him out for fear of losing her life, etc."

It was the other way around - THEY threatened me

 

[alleycat]

apparently this wasnt adequate enough and he still feels its appropriate to take me to court. so be it. $130 just to file a small claims case

 

[SHARKBOY521]

Its $60 - where are you getting ANY of your information?

 

[Darkstar]

I dont mind this thread, as long as it doesnt turn into a bickering match. Personally, I think you should take him off of ignore, Ali, considering that this concerns him directly. I think you two should chill out, and take care of this without pointing the finger and calling names. And if you can't manage that, keep it off the boards. Really, none of us want any more drama then we already have.

You are both (yes, I said both) welcome here as long as you can keep things civil.

 

[Jersey]

I have to agree with Crys, and also add... that although Sharkboy is a newer member than you, Ali... we aren't all going to agree with you on this. I dont see a point on having him on ignore if the thread directly relates to him.. and if you are trying to actually work something out and not just bicker and name call...I know we all arent here to read through pages of pointing fingers and name call

 

[UncleBacon]

I back my mods up on this....no drama...wont have it...not on the boards



drama drama drama = lockey lockey lockey

 

[Kat]

good idea...I agree as well ...this isnt getting anywhere may as well lock it down

 

[UncleBacon]

not yet I'll let them talk it out as long as its civilized

 

[DanTastic]

my question is??? cant this be figured out off the forum??

 

[TheOriginalJames]

She posted it asking for advice from the rest of us.

 

[alleycat]

I have him on ignore because like James obviously stated, I just wanted advise from ya. I extended a hand of peace and it was slapped. Says hes taking me to court. So be it. Im not doing any more. Thanks again for all the legal and moral advise. That's all I ever wanted. Lock away!

 

[UncleBacon]

locked