Verbal agreement valid in court?

[arodaggie06]

What is the name of your state? Texas

I am being taken to SCC by my old roommate. I decided to live with her in May of 04, and we planned on living together until May of 2006, when we would graduate from college. Her parents owned the house, so I never really signed a lease. In November of 2004, my parents were filing for divorce, so it really hurt my financial situation. I let my roommate know that I was going to be a few weeks late on rent and she said nothing. In the last week of Nov. we got in an argument about something petty, and a few days later her mom called me and said they were no longer going to let me rent the room anymore. Her reasoning was that they needed that room for when they visited our town and then added it was also because I was having trouble paying.

I then told my roommate that my rent money was going to be directed to finding another place and to pay for Jan. ’05 rent and the deposit. I moved out in Jan. and there was some fuss when I went to get the rest of my stuff out. They claimed that I still owed them rent money and they made me sign a handwritten note saying that I would pay them weekly. Unfortunate for me, I signed that paper just so I could get my stuff and be done.

Now they are taking me to court for the rent. We never had any contract to begin with and I don’t feel that there are any real grounds to sue me on. I’ve seen that this site can be brutally honest, and I can take it. I’m also hoping to get some valid advice in the process too. Let me know if I am leaving any vital part out.

 

[BelizeBreeze]

What is the name of your state? Texas

I am being taken to SCC by my old roommate. I decided to live with her in May of 04, and we planned on living together until May of 2006, when we would graduate from college. Her parents owned the house, so I never really signed a lease. In November of 2004, my parents were filing for divorce, so it really hurt my financial situation. I let my roommate know that I was going to be a few weeks late on rent and she said nothing. In the last week of Nov. we got in an argument about something petty, and a few days later her mom called me and said they were no longer going to let me rent the room anymore. Her reasoning was that they needed that room for when they visited our town and then added it was also because I was having trouble paying.

I then told my roommate that my rent money was going to be directed to finding another place and to pay for Jan. ’05 rent and the deposit. I moved out in Jan. and there was some fuss when I went to get the rest of my stuff out. They claimed that I still owed them rent money and they made me sign a handwritten note saying that I would pay them weekly. Unfortunate for me, I signed that paper just so I could get my stuff and be done.

Now they are taking me to court for the rent. We never had any contract to begin with and I don’t feel that there are any real grounds to sue me on. I’ve seen that this site can be brutally honest, and I can take it. I’m also hoping to get some valid advice in the process too. Let me know if I am leaving any vital part out.

Any valid advice about the process of Small Claims Court would end with 'bring your checkbook because you owe the rent.'

 

[arodaggie06]

Thanks for the reply. Can you elaborate on that? I'm obviously not familiar with the validity of verbal contracts and the grounds she has to sue me. I was also never given a proper eviction notice. I really never expected one since there was no real lease.

 

[BelizeBreeze]

Thanks for the reply. Can you elaborate on that? I'm obviously not familiar with the validity of verbal contracts and the grounds she has to sue me. I was also never given a proper eviction notice. I really never expected one since there was no real lease.

You are mistaken. This has nothing to do with a verbal contract. Remember that note you signed?

And even if you had not signed the note, you stayed in the home, paid rent and then stopped. You accepted the conditions of tenancy and they have every right to sue you and recover.

 

[arodaggie06]

I was pretty much forced to sign it so I could get my stuff and leave. I still want to think I have a chance here.

 

[BelizeBreeze]

I was pretty much forced to sign it so I could get my stuff and leave. I still want to think I have a chance here.

Actually, you have two chances here....

Slim

and

None

 

[Happy Trails]

Oh! Stop it. You owe the money, that is why you signed it. Now grow up and do the responsible thing.

If they sue you, you will also have to pay for their filing fee.

 

[arodaggie06]

I guess I was looking for more legal advice regarding the issue, such as: How is a verbal contract made valid? What is the proper way that they should have notified me of eviction? Also, if the verbal lease was validated, why not the verbal agreement that Dec's rent would go towards looking for a new place?

 

[rmet4nzkx]

I guess I was looking for more legal advice regarding the issue, such as: How is a verbal contract made valid? What is the proper way that they should have notified me of eviction? Also, if the verbal lease was validated, why not the verbal agreement that Dec's rent would go towards looking for a new place?

You didn't have an agreement, you gave them notice and then failed to pay the rent that you owed.

I then told my roommate that my rent money was going to be directed to finding another place and to pay for Jan. ’05 rent and the deposit. I moved out in Jan. and there was some fuss when I went to get the rest of my stuff out.

Apparently you owe for Nov-Feb. AND you signed a note/contract promising to pay, it is very clear you owe the money.

 

[arodaggie06]

How do I owe Nov-Feb? I moved out in January. Also, I was basically forced to sign that paper to get my stuff. That just doesn't seem right. The bottom line is, that I was forced to find a new place to live with 2 weeks left in the school year. Obviously I have limited resources being a college student, so paying for the deposit for the new place was not planned for. I let her know that. Now nine months later, they are trying to come back and collect.

What I don't get about this forum, is that if I would have asked a question like "are verbal leases valid?", then you all would have asked for more info on the situation. When someone does tell more about it, you attorneys get on your high horse and judge. I'm asking for legal advice. Nothing more, nothing less.

 

[Happy Trails]

Unfortunate for me, I signed that paper just so I could get my stuff and be done.

You keep talking about oral or verbal contracts...blah, blah, blah

You signed a paper stating you owe the money. You know you owe it, they know you owe it and we know you owe it.

Go ahead and try to convince the Judge that you signed the paper under duress and that you really don't owe them anything.

 

[BelizeBreeze]

You keep talking about oral or verbal contracts...blah, blah, blah

You signed a paper stating you owe the money. You know you owe it, they know you owe it and we know you owe it.

Go ahead and try to convince the Judge that you signed the paper under duress and that you really don't owe them anything.

Maybe you're speaking the wrong language HT.

Here, try this:

"You gave oral AND hand. now you have to pay the price"

 

[Happy Trails]

Maybe you're speaking the wrong language HT.

Here, try this:

"You gave oral AND hand. now you have to pay the price"

He he

Exactly and that's why I can't figure out why this poster thinks he/she is the one that got screwed.