Verbal agreement to VACATE

[Walker2]

I live in SC. I leased my home through a Property Management Co. while my family and I were on an overseas assignment. We came back early and offered our tenants $1000 to vacate our home 2 months earlier than the lease agreement. The Property Management Co. sent us a letter confirming that they agreed to our offer. I just got a call directly from our tenant today stating that he could not move out on the agreed date because he is having problems getting a loan approved to buy a house. The Property Management Co. said that they only got a verbal agreement from them and nothing in writing and that I should probably consult an attorney. What can I do to get back into my home? Is a verbal commitment to our Property Management Co. not considered a contract? Please help.

 

[Arlene]

For a contract to be enforcable, there must be an offer, an acceptance, and some adaquate consideration. This is true for both oral and written contracts. Some states have special requirements that contracts concerning real property must be in writing. You offered $2,000 for them to move early. Did they accept unconditionally, or did they indicate they needed to think about it? Did you change your position in any way after hearing that they had agreed to move? How much time elapsed between their agreement and their change of mind? All of these issues will affect the outcome of your claim for breach of contract. But it is clear that you won't be able to get them out in time to help your current housing needs. Maybe you should just find temporary housing and work with them to make sure they leave voluntarily at the end of the lease term, rather than causing you more delays and expense by requiring an eviction.

 

[Walker2]

They accepted the offer without conditions. I have not changed any conditions since their acceptance. They accepted about 2 weeks ago, I got the written confirmation from our Property Management Co. last week. My wife and two young daughters have been living in a very small 2 bedroom apartment since Christmas. I can promise you that my wife and children will go balistic once I tell them that our tenants have went back on their agreement. Can I not get a magistrate judge to issue them a notice to vacate according to their agreement?

 

[Arlene]

The problem is there is a clear agreement to lease for two more months, and an unclear discussion about moving out early. It is likely that the tenants will deny that a contract to move early was entered. Because of the probable controversy, it is unlikely that a judge would direct them to leave without their having a fair hearing on the issues. You might try proceeding by unlawful detainer, a summary process for gaining possession of real property, but even that will take 6 to 8 weeks to accomplish.