id10twithlaw
Junior Member
What is the name of your state (only U.S. law)? North Carolina (Denver, NC)
I got into a retail space after meeting the landlord and building a quick friendship with him. He rented the space to me with a deposit and let me have about 2 months free get the place ready before we opened. We NEVER signed a lease. He told me he wasnt worried about it. We opened our business and it did okay, but it was obvious it was not going to be a sucess. I got behind on the rent, and he told me, just pay it when you can. I got two months behind, and still he was very relaxed and not worried, and just said pay it when you can. Then he got in a bad motorcycled accident and I could not talk to him for a while. When I did finally reach him, I went and visited him in the hospital, and I told him we needed to move out, it wasnt going to work. I said I still owe you rent. He said No, you are not going anywhere. You guys hang in there. So I sat on the space, not in business for like 2.5 months. Then I tried calling him multiple times and could never reach him. So I decided to start repairing computers in the space. I put up a new sign and all. I had mentioned to him about this idea before and he supported it. Finally he was out of the hospital and has been very cordial and we have remained friendly. I finally told him, I am moving out, that I cant pay him the rent and he still said dont worry about things. Just get yourself back on track. Then 1 week later out of the blue he filed a claim against me for small claims court for $3000 which for back rent. However, the total they gave is not actually what we verbally agreed on for the rent. When I called him, he said since I didnt pay, it went up. I was so shocked. Anyway, can I plead Statute of Frauds since we never had a written agreement and since he verbally told me many times not to worry about the money. I tried to get out, and when he didnt seem to care I wasnt paying, I didnt push the issue to get my stuff out. Please give me some advice on this. I feel I should pay him just because I am a decent human being, but since he has basically been smiling to my face and then being a coward and doing this, I feel like fighting it. Regardless of what is ethical, please advise on what the law says about this. Thank you so much.
I got into a retail space after meeting the landlord and building a quick friendship with him. He rented the space to me with a deposit and let me have about 2 months free get the place ready before we opened. We NEVER signed a lease. He told me he wasnt worried about it. We opened our business and it did okay, but it was obvious it was not going to be a sucess. I got behind on the rent, and he told me, just pay it when you can. I got two months behind, and still he was very relaxed and not worried, and just said pay it when you can. Then he got in a bad motorcycled accident and I could not talk to him for a while. When I did finally reach him, I went and visited him in the hospital, and I told him we needed to move out, it wasnt going to work. I said I still owe you rent. He said No, you are not going anywhere. You guys hang in there. So I sat on the space, not in business for like 2.5 months. Then I tried calling him multiple times and could never reach him. So I decided to start repairing computers in the space. I put up a new sign and all. I had mentioned to him about this idea before and he supported it. Finally he was out of the hospital and has been very cordial and we have remained friendly. I finally told him, I am moving out, that I cant pay him the rent and he still said dont worry about things. Just get yourself back on track. Then 1 week later out of the blue he filed a claim against me for small claims court for $3000 which for back rent. However, the total they gave is not actually what we verbally agreed on for the rent. When I called him, he said since I didnt pay, it went up. I was so shocked. Anyway, can I plead Statute of Frauds since we never had a written agreement and since he verbally told me many times not to worry about the money. I tried to get out, and when he didnt seem to care I wasnt paying, I didnt push the issue to get my stuff out. Please give me some advice on this. I feel I should pay him just because I am a decent human being, but since he has basically been smiling to my face and then being a coward and doing this, I feel like fighting it. Regardless of what is ethical, please advise on what the law says about this. Thank you so much.