Verbal Contract???

Boston, MA

Hey everyone...I have a question about verbal contracts. I recently verbally agreed to lease my appartment to one of my friends. The agreement reached was that she would pay for the rent and move the furniture out on her own by the last day of the month. Several people witnessed the verbal agreement. She did not move the furniture out and it cost me a bunch of money to do it on such short notice. Can I take her to small claims court? Will the verbal agreement hold?

Thanks

"Can I take her to small claims court?"
*** Yes. Anyone can sue almost anyone else over almost anything.

"Will the verbal agreement hold?"
*** No one can answer as to it is not clear what your agreement was.... or if the elements of a contract were agreed.

JETX said:

"Can I take her to small claims court?"
*** Yes. Anyone can sue almost anyone else over almost anything.

"Will the verbal agreement hold?"
*** No one can answer as to it is not clear what your agreement was.... or if the elements of a contract were agreed.

Click to expand...

My response:

I haven't checked JetX, but wouldn't you agree there's also a Statute of Frauds issue, too? That is, the conveyance of property, either through leasehold interest, or a sale, must be in writing?

If that's the case (and I suspect that it is), our writer has nothing.

IAAL

I AM ALWAYS LIABLE said:

My response:

I haven't checked JetX, but wouldn't you agree there's also a Statute of Frauds issue, too? That is, the conveyance of property, either through leasehold interest, or a sale, must be in writing?

If that's the case (and I suspect that it is), our writer has nothing.

IAAL

Click to expand...

Of course that is possible, but I couldn't figure out what the hell the OP was trying to say.... how could there be any kind of contract, verbal or not, for someone to "pay for the rent and move the furniture out on her own"?? Where is the mutual consideration???
Kind of like you promising to come mow my estate.... then me suing you because you don't show up.

My response:

I'm not quite sure, but I understood the OP as saying, in effect, "You can lease my apartment if you move the furniture out for me." Just a guess at this point, and that promise, or agreement to move the furniture out would certainly be good, legal, consideration for the agreement. However, that still doesn't negate the potential "Statute of Frauds" issue.

IAAL

Verbal Contract Clarification

Boston, MA

Thanks for everyone's response...this should clear things up a bit.

The verbal agreement was (paraphrased): You (Alex) may rent my room in my appartment from June 1, 2004 until July 1, 2004. The rent to be paid is $735 and includes water and heat. All other bills will be handled by you (Alex). You (Alex) must also move out the remaining furniture in the room, a desk and two matresses, to the storage unit (My Uncle's) any time before you leave the appartment on July 1, 2004.


We both agreed to this and my other roomates were present. I think that all the necessary elements are there. Am I wrong? Also, what is "Statute of Frauds?" And how would that affect me?

Thanks so much people.