try again, fiance screwed me

[ForFun]

Obviously the court will look at all of the evidence, if the $10,000 was in one large chunk, or can be proven to be spent on improvements, then perhaps it will be looked on as a loan. however, if this person was tossing in a few hundred bucks every so often, you can bet it will be looked at as rent. Horse hockey on the lease thing. There are many many tenants throughout the universe who do not have written leases and yet pay rent. Not alot of smart tenants, (or landlords), but there are many.

This next sentence may sound obvious, and I already posted something similar earlier in this thread, but unfortunately it seems to be needed again: If the OP was paying rent, then the rent will be looked at as rent.

In other words, that's a factual issue. However, the OP never suggested that there was any dispute as to whether the $10k was for rent or home improvement; it was for home improvement. Nor did the OP ever suggest that the $10k home improvement money was in lieu of rent (i.e. if you pay for this repair, you don't have to pay rent).

 

[Ohiogal]

Such as...?

It seems to me that if there is no lease, then there is no rent. So, you're implying that a court will invent a lease where none existed (which would also violate the statute of frauds in the OP's case), and will then rule that money given for repairs is rent? Nope...not gonna happen. It sounds like a distortion of some already ridiculous ruling on Judge Judy.

Nope. It would not violate if she was considered a month to month tenant. Month to month tenancies do not require a lease and they are still fine within the Statute of Frauds. A lease is not needed in order for rent to be paid or for payments to be considered as rent. As fair said not all tenants sign leases.

 

[ForFun]

Nope. It would not violate if she was considered a month to month tenant. Month to month tenancies do not require a lease and they are still fine within the Statute of Frauds. A lease is not needed in order for rent to be paid or for payments to be considered as rent. As fair said not all tenants sign leases.

Well, that's partially correct. A month-to-month tenant's lease does not need to be in writing. A lease still exists, however. I did not get the impression that the OP was a month to month tenant.

Let's just agree to this: Whether the money was rent or a gift for home improvement is irrelevant because either way the OP isn't going to get it back. It only becomes an issue if the money was a loan. In that instance, if the money was a home improvement loan, it would not be ruled as rent after the fact simply because the OP had been living there rent free up to then (which you seemed to be arguing).