Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
I recently moved to San Francisco and have been living in a temporary place while I was hunting for a longer-term living situation.
I finally found a great place with solid roommates, and exactly one week ago we agreed that I would move in on November 1. I was told YESTERDAY that they were backing out of our agreement and decided to let someone else move-in, for no particular reason.
This has caused major chaos. I have been going on as if I were moving in on November 1 - I informed my current landlord that I was moving out, and so my room as been offered to another tenant. The would-be roommates made no effort to inform me in a timely manner that they were backing out of our agreement.
I am now forced to find somewhere to live in one week. I have a full-time job and I cannot afford the time to spend apartment-hunting like this at the last minute, especially considering it was unnecessary. Had the would-be roommates informed me in a timely fashion, I would not have ended my current living arrangement and would not be pressed to find housing in a matter of days. Everyone who lives in San Francisco knows how competitive this market is and it can take months upon months to find an apartment here.
This has potential to cause outrageous monetary damage if I have to live in a hotel for however many days because it's essentially led me to be homeless.
Is it possible to sue in this situation? I was not on the lease - there was no lease to be signed in the first place. Does a breach of verbal agreement apply here?
I seriously doubt you have any recourse with your potential failed roommates. I would tell your current LL you are NOT moving and see what can be done. You may be able to stay where you are currently.
Yes, in CA a verbal agreement is just as binding as a written agreement. You will need to prove that all parts of the contract were done.
1. That you both made an agreement with the terms and conditions known to both
2. That you both accepted that agreement
3. That you fully intended to honor the contract.
You will need to prove all the element in court.
A almost slam dunk would be if the contract was bound by consideration. That means that you actually provided money to honor the contract.
So, do you have anything in writing (a letter or email talking about being roomates) or a nuetral whitness that can testify to the agreement? Can you prove that you both came to a meeting of the minds and accepted the agreement? Did you give them any money (and can prove it)?
Yes. Anyone can sue anyone at any time for anything. The problem is having a winnable case. And by "winnable", I mean that your claim is well-founded in legal principle, that you have the evidence to back up your claim, that the opposition lacks evidence or legal ground to counter your claim, and that the judge sees things your way.
On top of all that, your lawsuit is pointless -- and expensive -- if they can't pay.
I highly doubt that you have a case of any sort without something in writing. That was your mistake, Before you even gave notice to your current LL you should have had something in writing and paid a deposit even if you weren't going to be on the lease. Hopefully your present LL will let you stay on or you can quickly find something else even if it's a temporary measure. Good luck.
Thanks everyone - I do have multiple text messages and BlackBerry messages saved and archived that clearly demonstrate we had an agreement that I would move in on November 1, that I took a vacation day from work to do so, and that I had a time and date to pay the rent and deposit. On that day, a week after this agreement, is when they told me they decided to give the room to someone else. The timing of the messages should show that with relative clarity.
I don't believe this was an illegal housing situation, and the owner employs one of the roommates.
Thanks everyone - I do have multiple text messages and BlackBerry messages saved and archived that clearly demonstrate we had an agreement that I would move in on November 1, that I took a vacation day from work to do so, and that I had a time and date to pay the rent and deposit. On that day, a week after this agreement, is when they told me they decided to give the room to someone else. The timing of the messages should show that with relative clarity.
I don't believe this was an illegal housing situation, and the owner employs one of the roommates.
Obviously the first order of business is to get yourself sorted out by the 1st. Once all this is over and you're settled somewhere you can decide whether or not it's worth pursuing legally. Unless you end up being out a substantial amount of money and can prove you had no alternative at all, it probably won't be worth it as you have to prove damages to recover them. This may end up being a very well-earned lesson for the future and that can be priceless! Good luck.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
