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No rental agreement and they want BACK RENT?!?!

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  • 09-21-2005, 06:20 PM
    peachez5
    No rental agreement and they want BACK RENT?!?!
    My husband and I are about to close on our first home and we have been living in a rental home for about 16 months. We had a verbal agreement with the "landlord" that we would fix the house up in exchange for rent. We have never paid them a cent for rent and we have done substantial work on the house. We received an email today stating that they would be charging us for 16 months of rent minus what THEY think the jobs we did cost (even though we have an itemized list of what they DID cost). She wants a check ASAP for over 6,000 dollars. We never had a rental agreement, never signed anything in fact! Our only discussions with them were verbal: that we would fix the house up and pay no rent. What do we do?? What kinds of rights do we have?? Do they have a case????? Please help!!!! :cry:
  • 09-22-2005, 09:33 AM
    aaron
    Oral Rental Agreement
    You're moving out now? So continuing to stay there isn't an issue?

    If they want to claim any rent they would seemingly have to bring a lawsuit against you. As part of that suit, they would have to demonstrate that the nature and terms of the agreement under which you resided in the home. If necessary, you can bring a counterclaim for the value of work performed.
  • 09-23-2005, 06:15 AM
    peachez5
    What would it take to demonstrate the verbal rental agreement? I have no doubt in my mind that if this issue were to go to court, they would lie through their teeth. Should we be concerned?

    Thanks!
  • 09-23-2005, 10:36 AM
    aaron
    Proving Verbal Agreement
    It will take evidence. If the only evidence you have is your word versus theirs, then it becomes a swearing contest and the judge will have to try to decide who is telling the truth. But you indicated that you have documentation of the work you did, you may have correspondence or evidence of other exchanges with the landlord which reflect the agreement, and their present demands may well reflect an admission that they were giving you some credit for the work you performed. So... keep looking for evidence that will help your case.
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