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I subleted a room in my apartment with a verbal agreement for one year lease. I provided a temporary receipt with the understanding the I was to receive that receipt back the the tenant get the new origingal reciept but I am in position of the receipt. Now 3 mths later and with only 5 days notice after asking of the temp receipt the tenant wants to move and does not want to stand the consequence of losing all the security deposit or the offer I made for the refund of my advertising cost. What can I do and what legal recourse do I have.
The original position of the receipt, to wit, corpus delicti, should be provided, obiter dictum, with recourse to the advertising costs, in light of the the one year bona fide obligation thereof by the guilty party (henceforth amicus curiae). This information is not intended to constitute legal advice.
The original position of the receipt, to wit, corpus delicti, should be provided, obiter dictum, with recourse to the advertising costs, in light of the the one year bona fide obligation thereof by the guilty party (henceforth amicus curiae). This information is not intended to constitute legal advice.
Ok, the leaseholder rented out one of the rooms in the apt. Apparently, there ws a verbal/agreement and no written lease. The oral agreement was for term of one year. The subtenant it would seem provided seurity. The tenant-landlord provided what he deems a "temporary receipt" for either the first month's rent and security or perhps just the security.
In any event, the tenant-landlord now, it appears, has a 'permanent' or formal reciept, which according to the post, he was to exchange for the temporary receipt. But upon requesting the exchange after 3 months of tenancy, the subtenant informed the tenant-landlord that he/she, the subtennt, will be moving out with 5 days notice.
The subtenant is demanding the return of the security deposit. The tenant-landlord first refused, then counter-offered for the cost of advertising. Apparently, the subtenant has refused the offer, and continues to demand the full security amount be returned.
The tenant-landlord wants to know what he can do; what is his legal recourse.
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I think I've done my unpaid legal duty. Modsquad, you're up!
Sorry JC, I'm half way through a 6 pack. I can't even imagine what a formal receipt is. I'd suggest the OP get a strong rope and lock himself in a closet.
Verbal agreements are as binding as written agreements, in most instances. The problem occurs when there is a dispute as to the terms. In which case there is nothing memoralized which actually states the terms. With a verbal, people's memory fades as to the specifics; sometimes people interpret what was said and agreed differently; sometimes people just lie. All of that is why a written agreement is best.
In the Op's case, as I interpret it, the law requires a written lease in order that the subtenant be held to the one year term. Without a written lease the tenancy is month to month. In which case the subtenant has a right to leave with 30 days notice. 5 days is not enough! Consequently, the subtenant owes the tenant-landlord one month's rent.
Security is NOT rent; but often security, equal to the amount owed, is forfeited in satisfaction of rent owed. The remainder of the security amount, if any, s/b returned.
when your owed rent and have to go to court try proving what the rent was with no written lease. it can be tough sometimes especially if paid in cash. you both need to swap signed rent receipts. you sign one for them and they sign one for you.
interesting enough the security deposit only covers damage to the apartment. technically you cant take it for non payment of rent. you have to sue for the non payment of rent. tenants usually allow you to take it for non payment of rent so its not an issue most of the time.
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