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Roomates and Verbal Agreements

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johnnyis

Guest
What is the name of your state? Oregon.

A friend of mine moved into an apartment in mid september, with another guy. This guy had just rented the apartment and his name is on the lease, etc. My friend wasn't asked to sign a lease and never did. Within a month it became clear the living situation would not work out, as the fellow wasn't very pleasant. He wanted her to pay rent, but didn't want her to have friends over, to have any of her stuff outside of her room, etc etc. He told her "This was just a trial period and I don't think it is working out." So she decided to move out. Towards the end of the month, he then changed his tune, and said she should have given him 30 days notice and needed to pay him rent and utilities for November, though she moved out last weekend, October 26.

We believed that since she was not on any sort of lease that this wasn't true, he was just trying to get more money out of her. So she moved out. Now he has called her workplace and left a message that he will take her to small claims court if she doesn't pay him, and that they had a "verbal agreement."

What are her rights in this situation? What is the legal validity of a verbal agreement? How do you prove what the verbal agreement was? It seems that he has changed the verbal agreement at his own will. He did not state when she moved in that she had to give 30 days notice before leaving. He just said that at the end. He wanted her to move out, but wants her to pay for rent after she is gone. Is this right?
 


HomeGuru

Senior Member
johnnyis said:
What is the name of your state? Oregon.

A friend of mine moved into an apartment in mid september, with another guy. This guy had just rented the apartment and his name is on the lease, etc. My friend wasn't asked to sign a lease and never did. Within a month it became clear the living situation would not work out, as the fellow wasn't very pleasant. He wanted her to pay rent, but didn't want her to have friends over, to have any of her stuff outside of her room, etc etc. He told her "This was just a trial period and I don't think it is working out." So she decided to move out. Towards the end of the month, he then changed his tune, and said she should have given him 30 days notice and needed to pay him rent and utilities for November, though she moved out last weekend, October 26.

We believed that since she was not on any sort of lease that this wasn't true, he was just trying to get more money out of her. So she moved out. Now he has called her workplace and left a message that he will take her to small claims court if she doesn't pay him, and that they had a "verbal agreement."

What are her rights in this situation? What is the legal validity of a verbal agreement? How do you prove what the verbal agreement was? It seems that he has changed the verbal agreement at his own will. He did not state when she moved in that she had to give 30 days notice before leaving. He just said that at the end. He wanted her to move out, but wants her to pay for rent after she is gone. Is this right?
**A: verbal agreements for the lease of real property are indeed enforceable in the state of Oregon. She was required to give notice to vacate pursuant to L/t law in terminating a m/m lease. If he demanded that she move out and she did based on his request, then she should not be held liable to pay rent after she vacated the property.
 

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