Need help on rent payment of rent issue???

[sjkmc88]

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

I was renting a place to stay. We had an oral agreement. The rent was due by the 10th of each month. In December 2012, He called out the blue and asked for his key back because he had already rented the place out. I was not given any type of notice to move and was not behind on the rent. The only month I did not pay was the month I had to suddenly move. Now in March of 2013, He calls and ask for his rent for the month of December. I would like to know do I owe him for that month?

 

[Dave1952]

I would like to know do I owe him for that month?


When did you move out? Did each month's rent cover from the beginning to the end of the month?

 

[sjkmc88]

When did you move out? Did each month's rent cover from the beginning to the end of the month?[/QUOTE]

Yes, each month's rent covered from the beginning to the end of the month. In December, I did not stay there the full month. I don't remember the exact dates.

 

[sandyclaus]

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

I was renting a place to stay. We had an oral agreement. The rent was due by the 10th of each month. In December 2012, He called out the blue and asked for his key back because he had already rented the place out. I was not given any type of notice to move and was not behind on the rent. The only month I did not pay was the month I had to suddenly move. Now in March of 2013, He calls and ask for his rent for the month of December. I would like to know do I owe him for that month?

Was the rent DUE by the 10th, or was it DUE on the 1st but considered LATE on the 10th with a late fee? Had you ever NOT paid rent until after the due date?

How many days in advance did the LL tell you that you had to move out, and by when did they tell you that you needed to vacate? On what day in December did you actually vacate?

 

[sjkmc88]

Was the rent DUE by the 10th, or was it DUE on the 1st but considered LATE on the 10th with a late fee? Had you ever NOT paid rent until after the due date?

How many days in advance did the LL tell you that you had to move out, and by when did they tell you that you needed to vacate? On what day in December did you actually vacate?

Yes, he wanted it by the 10th. Yes, I have paid it after the 10th. There were no late fees, lease, or anything formal involved. Everything was oral. I was not told any days in advance. I was just called out of the blue for the key because it was already rented out. Which made me have to move out immediately!!!! I do not remember any exact dates. I just remember it was around Christmas time.

 

[swalsh411]

So by Christmas you still had not paid rent for December? Sounds like he got tired of having a tenant who didn't pay his rent on time.

Considering everything was oral, he would have a hard time in Court proving much of anything.

Since you lived there the better part of the month, I would offer to pay half to settle it. (and get THAT in writing)

 

[ecmst12]

Of course, you were evicted illegally, so I'd love to see the landlord get anywhere in court. Tell him to sue you.

 

[Searchertwin]

You know you are stuck to pay the month of December.
Why?
1) Because you stated you ALWAYS pay on time, except this month. You knew something was taking place with you and trying to slide by.
2) According to you, " I was not given any type of notice to move". You must have experience in renting or you would not have known about any notice that is required.
3) And to suddenly move without a fight? Come on.

Have you had any contact with him since Dec? No. How do I know? You did not complain about a deposit refund, seeking money from an illegal lock-out or complaining about not receiving proper notice

Can you sue? Yes - For what reason I don't know
Will you win? No
Reasons:
1) You did not pay rent
2) You have no proof that a notice was not given to you
3) According to you, "I had to suddenly move", which could easily be looked at that you "skipped out".
4) LL could easily say you abandon the place, since you can't remember how many days you were there


You could send a crr letter stating just what happen the way you see it. You do owe for Dec rent. Regardless, if you lived there one day or the whole month, you had possession of the place.

Ask him since there was no notice AND you acknowledge that you did not pay, that you would like to make payments of XXX, (this is part where you can manage what you can afford), till paid in full without penalties.
All he can say is "no', but send a check with that amount and he won't turn it down, it is something. But once he cashes that check, he agrees to the term you offered. Than continue till paid in full.

But be fair in what you offer, less than $75, I would send back.

Remember, that once a case is recorded and you want to rent in the future, regardless if you win or lose, that LL will not rent to you for that reason.

Choice is yours