Rental verbal agreement

[wisconsin2018]

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

Situation:
I have 4 trailers on plaintiff property (his farm). We don’t have writing contract about rental, only verbal. I paid cash every time since he didn’t want to be paid by check, no receipts, no bills, nothing.

I stop paying rental at 2015, due to the injury and no money come in. He never sent any bills, or notify me of any payments due, until recently, he called and treat me if I didn’t have payment within the week he will apply for abandoned titles and then sell the trailer to cover his rental.
Plaintiff is suing me in a circuit court (small claims). What are my options and what chance to win since there was no paperwork (rental contract). I have witnessed about no paperwork been involved whole the time., only cash payments. Wisconsin state.

 

[Zigner]

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

Situation:
I have 4 trailers on plaintiff property (his farm). We don’t have writing contract about rental, only verbal. I paid cash every time since he didn’t want to be paid by check, no receipts, no bills, nothing.

I stop paying rental at 2015, due to the injury and no money come in. He never sent any bills, or notify me of any payments due, until recently, he called and treat me if I didn’t have payment within the week he will apply for abandoned titles and then sell the trailer to cover his rental.
Plaintiff is suing me in a circuit court (small claims). What are my options and what chance to win since there was no paperwork (rental contract). I have witnessed about no paperwork been involved whole the time., only cash payments. Wisconsin state.

It's OBVIOUS you know that you did have an agreement, and it's OBVIOUS that you know you should have been paying. I suppose you could do the right thing and pay what you owe...

 

[PayrollHRGuy]

Do you live in any of these 4 trailers?

Do you think just because you don't have the money to pay that he should store your trailers indefinitely for free?

 

[HRZ]

THe statute of limitations on an oral deal in WI is 6 years....

MY prediction is you have a looser set of facts ...and you might be smart to cut an exit deal before the court hands you a deal you must take.

 

[latigo]

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

Situation:
I have 4 trailers on plaintiff property (his farm). We don’t have writing contract about rental, only verbal. I paid cash every time since he didn’t want to be paid by check, no receipts, no bills, nothing.

I stop paying rental at 2015, due to the injury and no money come in. He never sent any bills, or notify me of any payments due, until recently, he called and treat me if I didn’t have payment within the week he will apply for abandoned titles and then sell the trailer to cover his rental.
Plaintiff is suing me in a circuit court (small claims). What are my options and what chance to win since there was no paperwork (rental contract). I have witnessed about no paperwork been involved whole the time., only cash payments. Wisconsin state.

Goodness! You can't seriously believe that the property owner must produce some "paperwork" in order to obtain compensation for the use his property! That would be as senseless as attempting to counterclaim for restitution of the money you paid the owner when there was also no paperwork!

Anyway and whatever, the property owner has NO legal right to lien or sell your property. Not for unpaid rent. By seizing the property under a levy of execution on an unpaid judgment perhaps, but not for an unliquidated claim or chose in action for rent.

That landlord remedy of "distraint" * existed at common law. However, except for rental or fees charged for the use of self storage facilities, hotels, inns, livery stables and pastures or by express written agreement Wisconsin (like many other states) has abolished the common law right of a landlord to distrain for unpaid rent. (See: Section 704.11 Wisconsin Statutes)

Also, do no expect the court to grant the owner anything less than that calculated using the rental rate you did pay? You'd have difficulty sustaining an argument that it was not reasonable compensation for the use of his property.

______________________________


[*] Distraint: The seizing of goods or other property of another to pay debts, such as that of a landlord against a tenant.

 

[wisconsin2018]

THe statute of limitations on an oral deal in WI is 6 years....

MY prediction is you have a looser set of facts ...and you might be smart to cut an exit deal before the court hands you a deal you must take.

so I will fail? what is your advice?

 

[wisconsin2018]

Goodness! You can't seriously believe that the property owner must produce some "paperwork" in order to obtain compensation for the use his property! That would be as senseless as attempting to counterclaim for restitution of the money you paid the owner when there was also no paperwork!

Anyway and whatever, the property owner has NO legal right to lien or sell your property. Not for unpaid rent. By seizing the property under a levy of execution on an unpaid judgment perhaps, but not for an unliquidated claim or chose in action for rent.

That landlord remedy of "distraint" * existed at common law. However, except for rental or fees charged for the use of self storage facilities, hotels, inns, livery stables and pastures or by express written agreement Wisconsin (like many other states) has abolished the common law right of a landlord to distrain for unpaid rent. (See: Section 704.11 Wisconsin Statutes)

Also, do no expect the court to grant the owner anything less than that calculated using the rental rate you did pay? You'd have difficulty sustaining an argument that it was not reasonable compensation for the use of his property.

______________________________


[*] Distraint: The seizing of goods or other property of another to pay debts, such as that of a landlord against a tenant.

I have witness about cash payments and no 1 receipts. He can "make fake" receipts, but truth is I never got any receipts, or I never signed rental agreement. What is your best advice?

 

[HRZ]

BOttom line is younsay there are lots of missed payments....pony up or cut a deal.

 

[latigo]

I have witness about cash payments and no 1 receipts. He can "make fake" receipts, but truth is I never got any receipts, or I never signed rental agreement. What is your best advice?

How do you expect anyone here to advise you as how to defend against the plaintiff's lawsuit when you haven't bothered to tell us what he is alleging in his claim and what relief he is seeking? We aren't mind readers.

All I can tell you beyond what I have already written is to get your damn trailers and your butt off of the plaintiff's property, muy pronto!

You don't need to be told that! What you are looking for is someone to tell you that because there is no "paperwork" pertaining to your admitted use of the property, blah, blah, that you can continue to freeload as you have for the past three years or so.

And it ain't going to happen. Not if you have a bus full of witnesses ready to testify that you paid in cash with no receipts or signed rental agreement will it happen!

Fini!