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  1. #1
    Join Date
    Jul 2007
    Location
    houston, texas
    Posts
    4

    Default Student Enlisted, Skipped Out on Rent

    Texas
    I had a verbal agreement with a student( he is 22 yo) to sublease my apartment over the summer for june,july,aug. (Lease agreement allows sublease) School was out in may,i moved back home(east) for summer. He notified me end of may he wasn't going to move in but agreed to pay lease since it was too late to find another subleasee. He never paid in june,(I paid rent) and would not answer his phone when I tried to contact him numerous times. I ended up paying all rent and found out he enlisted in the army in july. Is there any way I can get him to pay me what he agreed to? I called courthouse in the district, about small claims court, they told me cannot sue a military person. I desperately need this money for school this year. Do I have any options?

  2. #2

    Default Re: Student Enlisted, Skipped Out on Rent

    Quote Quoting humlin45
    View Post
    Texas
    I had a verbal agreement with a student( he is 22 yo) to sublease my apartment over the summer for june,july,aug. (Lease agreement allows sublease) School was out in may,i moved back home(east) for summer. He notified me end of may he wasn't going to move in but agreed to pay lease since it was too late to find another subleasee. He never paid in june,(I paid rent) and would not answer his phone when I tried to contact him numerous times. I ended up paying all rent and found out he enlisted in the army in july. Is there any way I can get him to pay me what he agreed to? I called courthouse in the district, about small claims court, they told me cannot sue a military person. I desperately need this money for school this year. Do I have any options?
    I'm not a lawyer, but I don't think a verbal agreement will stand up in court, it would be your word against his. Plus most states honor the military clause when it comes to renting. It states that if a person comes down on military orders that makes them move, they can break their lease in order to comply with those orders.

  3. #3
    Join Date
    Jul 2007
    Location
    houston, texas
    Posts
    4

    Default Re: Student Enlisted, Skipped Out on Rent

    student skipped out on rent before enlisting. Does military clause still apply?
    Verbal agreement was witnessed by others and i have text from him agreeing to pay.

  4. #4

    Default Re: Student Enlisted, Skipped Out on Rent

    I haven't found anything that deals with verbal leases in Texas, only verbal agreements.
    Verbal contracts can be enforceable in Texas if you can prove the necessary terms of the agreement. If you acted in accordance with the contract, there are correspondence referring to the agreement or other items indicating an agreement exists, it can be valid in Texas.
    But my best guess, and this is only a guess, is that you would have a hard time winning a case since he never actually moved in and since there is no writen contract it could be considered a month to month rental. With that the best you could get would be one months worth of rent.

    Good Luck

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,849

    Default Re: Student Enlisted, Skipped Out on Rent

    Guessing is dangerous.

    If there's an agreement to three month oral lease, and a court believes that there was such a lease, then the full lease can be enforced even in the absence of a writing. Under the Texas Business & Commerce Code, Sec. 26.01(b)(5), a "a lease of real estate for a term longer than one year" must be in writing. A shorter oral lease can be proved and enforced.

    The clerk may have been referring to issues with serving somebody in another state, or the possibility that a military member could assert the Servicemembers Civil Relief Act to stop legal proceedings, but there's no automatic immunity from small claims merely because you're in the military. But unless you submit a non-military affidavit, as is explained here, you can't get a default judgment - so he can pretty much ignore the suit if he's on active duty. (That site also includes information on how to confirm that a person's actually still in the military.)

  6. #6
    Join Date
    Jul 2007
    Location
    houston, texas
    Posts
    4

    Default Re: Student Enlisted, Skipped Out on Rent

    Just to clarify a little bit,

    The guy who skipped the rent bill was not in the army at the time of the agreement, he was merely planning on enlisting after completing some tests over the summer (MEPS, PT, etc).

    Along with the verbal agreement, I also have a written document (Facebook message to be exact) That outlines me asking this person if he still agreed to sublease my place. It has the rent amount and the time period that was outlined to take over my lease, included in this message is a written response from him saying "Alright" to all of this. Anyone familiar with Facebook knows it requires an verified e-mail address as well as password to log in and send messages, therefore only he could have responded to me.

    I guess the main problem is I don't know where he is, thus I can't serve him. I tried calling the enlistment office and they assured me I would be receiving a call from him but merely got a response from his Father who proved to be no help. I'm afraid I wont be able to find him and give him the suit papers before he gets called in to basic training or wherever the military places him.

    Any Ideas?

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