<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by THESSQ71:
My Husband and I Moved into an apartment on March 7th and only stayed there 2 weeks and then we called the landlord one night and told him that we were moving because we found a house to buy, wich he encouraged us to do and when we told him that we were moving, He said that was great and he was happy for us. My husband and I paid $150.00 in Rent and my husband left a bill for work that he did for the landlord in two of his apartment's for $350.00 . And within the two week period that we stayed at the apartment; We asked him several time's to bring a contract for us to sighn and he never did. so then after we moved out, a couple of days later he was calling us wanting us to pay for March , April , and May rent because we didn't give him 30 days written notice,We calmly told him that we gave him verbal notice because there was no lease contract. We have spoken to several lawyer's where we live that say he doesn't have ground to stand on because there was no contract,So we would kindly like your oppinion on this matter. Could you please help us?
Thank You;
Sighned,
SCARED<HR></BLOCKQUOTE>
The burden of proof would be on him to prove that you owe the rent money.
Paillift: Y'all Rise. Court in Session. The Honorable Fudge Presiding.
Fudge: state you case Mr. T.
Tanlord: yes your Majesty, the tenants rented an apartment from me and moved out early. They owe rent for March, April and May.
Scared: your Honor, we were on a verbal lease and gave Tannie verbal notice to vacate since we bought a home.
Fudge: Mr. T, do you have any written rental agreement, lease or other document that Scared signed agreeing to pay the rent for those months in question?
Tanlord: Uh no your Kingship, but they agreed to rent from me and were going to sign a written agreement but I was too busy to make one at the time.
Fudge: Mister T...., Mr. T....., Sir Tanalot sir, how long have you been a Tanlord? You should know as a prudent investor and apartment owner, that all rental agreements must be in writing to be enforceable. In your case, you have not proven to the court that Scared owes any money to you. The court has no proof as in evidence, (cough) as in prima facia uhmm prima donna or Madonna, that the tenants agreed to pay you anything. There is no contract to enforce Mr. T. As an experienced Tanlord, you know that in order for you to demand rental payments, the tenants must first have had to contractually agree in writing to pay the rent when due. In accordance with the statues of liberty (cough, burp) I mean the statutes of frauds, all real estate contracts must be in writing to be invincible (cough, burp, fart) Oh I mean enforceable. And since a Tanlord/tenant lease agreement is considered a real estate transaction, the lease agreement must be in writing. Nothwithstanding the foregoing, when the party of the first part agrees with the party of the second part to file a sweettort claim, as a quid pro quo pro se tanlord tenant code issue, the trier of fact and the town crier of fiction must agree unilaterally and bilaterally to file a motion to compel and complex a subpoena for binding arbitration in the event of discovery channel including but not limited to therefore art thou a second claim and commotion. Yes, I'm taking about the rent.
Tanlord: Your highness, I don't get it?
Fudge: you got it. (Bam) Case dismissed.
Not so scared: Thank you, your Honor.
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