A mess with a landlord and money&no written lease agreement..outta be fun huh!!

[Timmio]

What is the name of your state (only U.S. law)? Maine

Ugh, and here are the details of my stupidity and belief that there are still good people in this world!!!

Not even six months ago I moved into this trailer here in Maine. The agreement with the landlord was verbal that the rent would be 600/per month HEATED and on the months that there was an extra week I would pay 900/per month. I get paid bi-weekly and pay rent that way. I agreed verbal and made it well stated that as long as it was to continue to be heated, that was ok..didn't have a problem with that with the way oil prices are going out of control. I even agreed to apply for the program to help with heating costs to help her out!!! So, at the end of January, I moved in here....4 days ago in July she tells me that I still have to pay what I'm paying(the extra months with 300 hundered extra) and that she's only paying for 300 hundred gallons of oil and that's it!! It is estimated by the oil company that this place will use 712gallons this winter. Also, if I apply for the program to get help with the heat and we have a mild winter..she will pay nothing in cost because it's all going to be under her name because I had to have my name put on her account because I don't have one and she is in at a locked in oil price. So all help from the heating place will go to her. It's the extra 300/per month that i'm having a HUGE problem with and I have stated that that wasn't right, but to no avail...I am currently looking for another place...I just want to know if what she is actually doing is right even though there's no paper.

 

[FarmerJ]

As you have learned her word is as good as the written lease you have. JUST be glad its summer and you will have more than enough time to find a new place and give her PROPER written notice via confirmed mail delivery for month to month renters in your state.

 

[Timmio]

Yes, I do realize this and know the laws about written notices..etc.....I just want to know if what she is doing is legally ok??? Morally...hell no it isn't because I made it MORE than clear I could NOT afford to pay for any oil..it's almost, if it hasn't hit 5$ per gallon now. Despite the chat name, she knows that I am a single mom and couldn't afford it to begin with.

 

[FarmerJ]

If she told you in a formal notice then thats how it is and its legal. BUT if you say nothing until later on then as soon as you mention it this fall I can see whats gonna happen. LL will issue proper notice and refuse to have oil put in until then so you will run out as soon as the oil is gone. Much easier to cut your loss now and find another place to live ASAP with notice.

 

[johnd]

712 gallons? For a trailer?

That's either one mammoth trailer...or one poorly tuned furnace.

Heat (utilities) being as expensive as it is, I'll never understand why people enter verbal agreements. I would NEVER pay someone else's utilities. I don't use them, why should I pay for them? Should I also buy a tenant's groceries, toothpaste and undergarments?

Point is: if it's too good to be true, it almost invariably is. And heat, when it amounts to 33% - 50% of the rent, well, that's substantial. Conversely, why would a LL agree to include $3500 of heat in a $7 - $8k (per annum) unit? That just doesn't sound right to me. Particularly since you could blast it to 80' and leave the windows open (I'm not inferring that you would waste heat, but barring any document to the contrary, what would prevent you?). If it sounds to good to be true...

Also, verbal agreemnets are rife w/ misunderstandings. That's why the written word is golden. Misunderstanding? Resort to what is written w/i the four corners of the lease. It's really a thing of beauty, and protects all parties. And I wouldn't be too harsh on the LL, perhaps she misunderstood...perhaps you misunderstood...perhaps you both misunderstood. You both agreed to do this verbally, so at first blush, I hold you both accountable for the misunderstanding.

My advice? Get it in writing next time.

 

[acmb05]

What is the name of your state (only U.S. law)? Maine

Ugh, and here are the details of my stupidity and belief that there are still good people in this world!!!

Not even six months ago I moved into this trailer here in Maine. The agreement with the landlord was verbal that the rent would be 600/per month HEATED and on the months that there was an extra week I would pay 900/per month. I get paid bi-weekly and pay rent that way. I agreed verbal and made it well stated that as long as it was to continue to be heated, that was ok..didn't have a problem with that with the way oil prices are going out of control. I even agreed to apply for the program to help with heating costs to help her out!!! So, at the end of January, I moved in here....4 days ago in July she tells me that I still have to pay what I'm paying(the extra months with 300 hundered extra) and that she's only paying for 300 hundred gallons of oil and that's it!! It is estimated by the oil company that this place will use 712gallons this winter. Also, if I apply for the program to get help with the heat and we have a mild winter..she will pay nothing in cost because it's all going to be under her name because I had to have my name put on her account because I don't have one and she is in at a locked in oil price. So all help from the heating place will go to her. It's the extra 300/per month that i'm having a HUGE problem with and I have stated that that wasn't right, but to no avail...I am currently looking for another place...I just want to know if what she is actually doing is right even though there's no paper.

I'm sorry I have no advice for you but OMG why would you pay more for the months that have 5 weeks in them? There are still the same amount of days in a month no matter how many "weeks" fall in that month.

 

[Timmio]

Normally, no, that's not how rents are run up this way. However, that is how some people do it. I did agree to that knowing that oil prices are only going to continue to go up and I didn't want my rent going to some outrageous price...I figured that those extra 300 dollars WOULD be the oil to heat this place this winter. NOW, she's talking about having me sign a lease. What will happen if I refuse to sign it until I manage to find something else...that's if I do because right now...I don't have the money for security, first and sometimes last months rent!!!

 

[johnd]

I did agree to that knowing that oil prices are only going to continue to go up and I didn't want my rent going to some outrageous price...I figured that those extra 300 dollars WOULD be the oil to heat this place this winter.

YOU figured, but apparently, not the LL.

NOW, she's talking about having me sign a lease. What will happen if I refuse to sign it...

Well, let's see. She'll either
1) drop the issue and keep you as a mtm verbal tenant; or
2) pursue the issue, and ask you to leave. And if you do not, most probably evict.