[cire]

I have an oral lease with my landlord and I was late a couple of months in March and April but now caught up. She wants to charge me a late fee and interst on the late rent. We were friends and we had no such agreement of late fees of ANY kind. Since this is an oral agreement, can she just up and charge me fees? We also had and agreement that the rent was including cable and Phone and the last three months she cut those off and still wants me to pay the full rent. Does that make since. Does she have any legal rights to do this? Someone help me find out who is right. I don't want to screw anyone over but I don't want to be either. thanks, c

[macguy]

Originally Posted by cire

I have an oral lease with my landlord and I was late a couple of months in March and April but now caught up. She wants to charge me a late fee and interst on the late rent. We were friends and we had no such agreement of late fees of ANY kind. Since this is an oral agreement, can she just up and charge me fees? We also had and agreement that the rent was including cable and Phone and the last three months she cut those off and still wants me to pay the full rent. Does that make since. Does she have any legal rights to do this? Someone help me find out who is right. I don't want to screw anyone over but I don't want to be either. thanks, c

I would think now may be a good time to draw up
an aggrement.

It also seems all your memories of the oral agreement are most clear when it benefits you. It is not too much to expect someone to pay their rent on time. It also sounds like you want to take advantage of what you call "Being friends". Also, what was the basis of the free cable and phone? That could be an almost $100. a month expense, was it figured as part of your rent? Can't see why anyone would just pay for your phone and cable for no reason.

I am not sure there is such a thing as an Oral lease. A lease is very detailed document. Are you saying you discussed every legal aspect of the agreement and there is a lot of them, then the two of you just committed it all to memory? That would just be ridiculous, I would say you have no least at all.

[harry chickpea]

As someone who has leased a house, I have to say that the costs of late payments can reflect on the person who owns the property. Mortgages, taxes and insurance still have to be paid on time, and that can mean diverting money from other investments to cover the unrealized income.

My advice? Pay the interest and/or fees, and be on time with payments. If you can't afford the place, move to some place less expensive where your errors won't affect other people.

[scorp200]

Get a written lease - you're month to month and she can tell you to move with 30 days notice if she wants. Just pay her - you were late, after all.

[Edvard]

Your landlady doesn't "get to slide" on her mortgage, insurance or taxes.
Unfortunately she can find someone who can pay on time.

[MrTudo]

I could never own rental properties and be the actual landlord. This kind of crap would send me off the charts.

[stacylee926]

I would think that if you have an oral lease and never signed ANY papers - just a goodwill thing, she cannot charge you late fees. Gee, if you stopped paying rent I'm not sure she can even collect from you. However, she could just make you leave - today even!

For cable and phone, if there is nothing in writing, then you don't have a leg to stand on. With no contract, you have no rights as a tenant and she can do what she wants.

Either get a lease that will give you rights, or prepare to move. It sounds like the friendship is fading and it can get ugly for you.

[pslOldTimer]

I am not a lawyer and this is not legal advice. That being said, a lease is a form of contract. A contract is an agreement between two sets of people. Contracts are usually in writing in order to prove that such an agreement exists. An oral contract is valid only if both parties agree that it exists and agree about the terms. If one party insists there is no oral contract, or disputes the terms of an oral contract, the burden of proof in on the person who is trying to enforce the contract. The problem with an oral contract is that there is no proof -- it becomes a "he said, she said" type of situation. This can sometimes be overcome when the terms are those that are usual and customary. It is not usual or customary for a landlord to NOT charge a late fee, and it is certainly not usual or customary for a landlord to pay for cable, and especially not phone. My guess is that a judge would find that it is usual and customary for you to pay a late fee, and it is obviously usual and customary for you to pay your obligations on time. I don't think you have a legal leg to stand on. But, I am not a lawyer, and this is not legal advice.

[Michele76]

I am not an lawyer either, but somethings are tooken into consideration being it is an oral agreement. It all depends on the judge. They may or may not use the usual and customary terms. If a situation is just so obvious. Your case will be taking a chance.

Originally Posted by pslOldTimer

I am not a lawyer and this is not legal advice. That being said, a lease is a form of contract. A contract is an agreement between two sets of people. Contracts are usually in writing in order to prove that such an agreement exists. An oral contract is valid only if both parties agree that it exists and agree about the terms. If one party insists there is no oral contract, or disputes the terms of an oral contract, the burden of proof in on the person who is trying to enforce the contract. The problem with an oral contract is that there is no proof -- it becomes a "he said, she said" type of situation. This can sometimes be overcome when the terms are those that are usual and customary. It is not usual or customary for a landlord to NOT charge a late fee, and it is certainly not usual or customary for a landlord to pay for cable, and especially not phone. My guess is that a judge would find that it is usual and customary for you to pay a late fee, and it is obviously usual and customary for you to pay your obligations on time. I don't think you have a legal leg to stand on. But, I am not a lawyer, and this is not legal advice.

[mercy777]

Originally Posted by Michele76

I am not an lawyer either, but somethings are tooken into consideration being it is an oral agreement. It all depends on the judge. They may or may not use the usual and customary terms. If a situation is just so obvious. Your case will be taking a chance.

Manatee County-Go to the court house and buy an eviction packet. Make copies, you may need them later.
There will be a three day notice to serve. ( If there is no lease, by law they are living month-to-month basis) You can serve this phsically with a witness standing by ot better registered mail, so they have to sign for it.
Include "all" names of parties living on the premises, (even people living with them, very important) You can serve this 3 days after rent is due.
Don't wait, this is your ACE. The rest is in the packet, read it carefully!
This packet is worth about $15.00 and well worth it to know the laws.

Sarasota is a little different but well worth the cost of information. All is in the packets.
Do not threaten or tell the tenants you are doing this, it could come back on you. Keep it professional and to the law, you will come out the winner.

I used to have to do these all the time. Just keep to the law. One chance for tenants is ok, but when it is ongoing, don't play. Also an eviction is worse on your credit or job statis than a repoed home or car.
An oral agreement is binding. You can buy leases at any office depo or find one online. Always make copies for you and the tenant at the time of signing. Always have a witness when tenants are confronted about rent due or anything about the property. Business is business, not friends.

Hope this helps,
Mercy