Tenancy issue- roommate and I tried to have a guy move into our place, moved in and out, 2 weeks notice now want money? (real estate, leases)

[pril_girl]

My roommate and I find someone to move into our place, he walked through, told him he didn't have to sign and lease and no deposit, and he was completely fine with it, gave us each a hug and said he would move in. Got a rent check on the 10th of the month, which I put in my account and then wrote a check for our landlord for the rest of the rent that we owed. The guy moved in then moved out in one day, with out a word, and my roommate was even at the house when he was moving out and he never said anything, I had to text him to figure out what was going on. He said it didn't look like it would work out and gave his 2 weeks notice. He never spent a night in the house. He is now asking for the full amount back, I told him via text that I would give him the full amount but then I started researching my rights and I found that since he didn't give a 30 days notice I technically don't owe him anything, but my roommate and I want to give him at least half. The day came and went that we were suppose to meet and i give him the money, but nothing happened. When we got in contact again we talked and he said he wanted the money. I texted him saying that after discussing it we were only going to give him half. He says that thats not what we first agreed on and wants all the money. What should I do?

[2bindenver]

What did he sign?

[pril_girl]

he didn't sign anything

[2bindenver]

Well that's a problem. Real estate contracts should to be in writing in order to be enforceable. There is a statute of frauds, that prevent handshake deals from being valid.

He gave you a check without signing the terms of his lease. In order to have a contract you have to have a meeting of the minds and consideration (money.)

He did not stop payment on the check he gave you?

I can't see how either of you are going to win if you take it to court.

[pril_girl]

He didn't stop payment when he gave me the check. He knew I was going to deposit it because we needed it to pay the rest of the rent. And at that point there was no indication that he was unhappy with the situation.

[KaaBoom]

Originally Posted by pril_girl

He didn't stop payment when he gave me the check. He knew I was going to deposit it because we needed it to pay the rest of the rent. And at that point there was no indication that he was unhappy with the situation.

If I was you, I would ignore him. Don't give his money back. Don't talk to him. Let him take the next step, if he does.

Remember that it could be a scam. Example: maybe the check was forged. In which case the bank could come back on you to recover the lose. Which would not be good for you, if you have already given his money back.

[gooberlx]

Kinda depends on how much stomach you have to possibly deal with his garbage and/or small claims. There's no contract supporting anyone's position (bad idea...always). I'd think an argument could be made in your favor for the lack of notice, but he'd likely contest your version of the conditions of the verbal agreement.

[davebarnes]

Originally Posted by KaaBoom

If I was you, I would ignore him.

Perfect.

[yousah]

I'm a real estate broker in ILL and can tell you how our laws work, and I think a lot of states are pretty similar. In our state, leases less than a year don't need to be in writing in order to be enforceable. Your situation would be a verbal month-to-month lease that would require 30 days notice to terminate.

The very fact that he pre-paid for his first month of rent makes it pretty obvious that you had come to terms on your verbal lease. He'd be hard pressed to successfuly sue you for basically moving out after he paid his rent.

[ChrisFromChicago]

I too would be skeptical of the check bouncing

Once it clears, I personally would just give the money back. I mean as long as the check clears/no scam.
1 - you agreed to give the money back
2 - nothing has changed since you agreed to give the money back
3 - you are not hurt in anyway by this
4 -you don't have a lease with this person, therefore the 30day rules don't apply

Look, this isn't a question about what is enforceable. If you want to go back on your word and keep this money no police officer or judge will force you to take it back. Yet based on this discussion, the right thing to do is to honor your word (after you ensure you aren't being cheated), and give the money back.