roomate problems

[tamwham2]

texas

my son made a verbal agreement with his girlfriend to pay 1/2 of the rent. the lease was in her name only. he did not move-in and now dosen't want to pay her. (bad boy!)

he thinks he's ok because there was no signed agreement and he is not on the lease.

are verbal agreements uphelp in texas small claims courts?

he wants to say he never had a verbal agreement, and thus he will be off the hook (very bad boy!!)

i told him try to try and settle with her with some sort of a monthly paymentty ( he was to pay $300.00 a month).

also, if she wins a judgment, there are no assets for my 21 year old son.....nothing to garnish, property to lein, just a car and car payment......what will she get.....nothing....she knows this so why take him to court anyway. what would be her motive...(except harrasment to him)

if the judgement is in her favor, can this go on his credit report....(i don't think so)

homeguru, is it my imagination or are you more gentle and helpful in your old age now a days?

 

[JETX]

Q1) "are verbal agreements uphelp in texas small claims courts?"
A1) Yehp. Though they are much harder to prove, if the court believes that a verbal agreement existed, it can be enforced.

Q2) "he wants to say he never had a verbal agreement, and thus he will be off the hook (very bad boy!!)"
A2) Under oath in court... can you say 'perjury'??

Q3) "if she wins a judgment, there are no assets for my 21 year old son.....nothing to garnish, property to lein, just a car and car payment...... what will she get.....nothing....she knows this so why take him to court anyway. what would be her motive...(except harrasment to him)"
A3) Because judgments in Texas can last forever... until the debtor pays or files bankruptcy. Who knows what assets he might have in 10 years.... and at 10% annual interest!!!

Q4) "if the judgement is in her favor, can this go on his credit report....(i don't think so)"
A4) Wrong. I put judgments on credit reports all the time.

Q5) "homeguru, is it my imagination or are you more gentle and helpful in your old age now a days?"
A5) Can't speak for HG... I have to think his Viagra has kicked in!!

 

[tamwham2]

 

[FarmerJ]

Since the agreement between them was verbal tell your son to formally end it in writting . So if he hasnt paid may portion of rent tell him to do so and to plan on paying june as well BUT before the end of May To send her a 30 day notice registered return recpt , ( today ) that he is canceling previous agreement . The Idea is yeah he will have to shell out some money . but upholding his verbal agreement till the end of June with 30 days notice to cancel it (just as if he had lived in the apt all along ) will make it so she cannot make any civil claim against him .

 

[JETX]

"Since the agreement between them was verbal tell your son to formally end it in writting . So if he hasnt paid may portion of rent tell him to do so and to plan on paying june as well BUT before the end of May To send her a 30 day notice registered return recpt, ( today ) that he is canceling previous agreement"

If your son does what was suggested by FarmerJ, he will have just made the case AGAINST himself. Do not formalize ANY 'agreement'.... or its termination.