Legal Question in Real Estate Law in California
Oral agreement between roommates
Me and a friend had made an oral agreement to rent an apartment together. My friend did rent the apartment and signed the lease. I have not seen or signed any lease. Is the oral agreement binding on me? I no longer wish to move in with him and I need to know what are my legal obligations in this situation? My friend is pressuring me to pay my entire half of the rent for the entire seven month lease and is threatening to sue me if I do not, but I question whether I am actually legally obliged to do so. What are my options in this situation?
1 Answer from Attorneys
Re: Oral agreement between roommates
An oral agreement to participate in a seven-month lease is theoretically valid and enforceable, but a suit to enforce one is difficult to win because of evidence and credibility problems, the issue of whether there was actual agreement or whether there was 'mistake' or some other circumstance that prevented the formation of the contract in the first place or caused it to be rescinded by mutual agreement after it was made.....and on and on.
I would recommend trying to negotiate a cash settlement for a small sum and get a written release at the time you fork over the cash.
Whether you or your (ex?) friend would win the lawsuit would only be a guess, but one can say for sure that defending would be a hassle and expense, win or lose.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
