Suing would-be roommates for backing out of agreement? (San Francisco: apartment, lease) - San Francisco - Oakland - California (CA) - City-Data Forum

jayduhbya · 10-20-2011, 08:37 PM

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?

wrcousert · 10-20-2011, 11:45 PM

Quote:

Originally Posted by jayduhbya

I was told YESTERDAY that they were backing out of our agreement and decided to let someone else move-in, for no particular reason.

Tell them that you spoke with your attorney and that you would probably get at least $20,000 if you took them to court.

bmw335xi · 10-21-2011, 12:54 AM

Unless you can prove you had a verbal agreement, it's your word against theirs. The person suing has to prove to the judge there was a verbal agreement. Don't make threats such as I spoke to my attorney etc. Unless the person is a complete idiot, he/she will automatically know you are full of ____ because this kind of matter would be settled in a small claims court and there would be no need for an attorney nor would it be worth the cost to you. It also makes the other party become defensive. You would be wasting your time going that route. It's a shame that happened, but with no written agreement or proof of a verbal agreement, you're out of luck. Next time, get a written agreement and send your deposit.

04kL4nD · 10-21-2011, 09:33 AM

Quote:

next time, get a written agreement and send your deposit

ding ding ding

jayduhbya · 10-21-2011, 02:08 PM

Quote:

Originally Posted by bmw335xi

Unless you can prove you had a verbal agreement, it's your word against theirs. The person suing has to prove to the judge there was a verbal agreement. Don't make threats such as I spoke to my attorney etc. Unless the person is a complete idiot, he/she will automatically know you are full of ____ because this kind of matter would be settled in a small claims court and there would be no need for an attorney nor would it be worth the cost to you. It also makes the other party become defensive. You would be wasting your time going that route. It's a shame that happened, but with no written agreement or proof of a verbal agreement, you're out of luck. Next time, get a written agreement and send your deposit.

I don't have a contract - but just text messages between the roommates and I discussing move-in dates and paying deposit. Does this count?

Isebiel · 10-21-2011, 03:27 PM

Ignoring the issue of the jerks who backed out -- can you put up an ad on Craigslist and get some new roommates? People are constantly posting how hard it is to find opportunities. I wouldn't be surprised if you can nab some acceptable replacements, fast.

jayduhbya · 10-21-2011, 05:04 PM

Quote:

Originally Posted by Isebiel

Ignoring the issue of the jerks who backed out -- can you put up an ad on Craigslist and get some new roommates? People are constantly posting how hard it is to find opportunities. I wouldn't be surprised if you can nab some acceptable replacements, fast.

I'm not the one who needs to find roommates to move in - I need to find a place to stay, I'm the one replying to ads on Craigslist. In SF, I've been to open houses where more than 50 people came through in an afternoon. I'm still looking for somewhere to live but the cycle for November 1 is pretty much finished and if it weren't, I'd likely be one of several dozen to choose from.