Legal Question in Real Estate Law in Idaho

verbal agreement between renter and manager

I had, due to a bank error a returned check to my apartment complex. The account in my now ''old'' checking account has been frozen due to the investigation that is currently ongoing. I made a verbal agreement with the manager of my apartment complex to payment arrangements. I would give half one week, and then the other half a week following the next. A week after speaking with my manager (who did make a notation of the arrangements in my file), I receive a letter taped to my door that I have 4 days to pay the amount in full, or I will go to court and be served with an eviction notice. The management company did not authorize the manager of the complex to make arrangements with me. Will this verbal agreement be able to hold up in court, or am I going to be evicted now? Do I have any rights?


Asked on 2/12/03, 1:14 am

1 Answer from Attorneys
Gass Timothy Gass Law Office

Re: verbal agreement between renter and manager

Well it's your word against his. Always a bad situation when you didn't memorialize the agreement in writing. You must pay the amount you owe in full or the landlord (LL) will be able to file a complaint against you and get a trial within 12 days, if the complaint only asks for one thing and that is eviction for failure to pay rent. I'd advise paying since the manager is probably used to testifying and may be much better at it than you are.

However, if the court believes you over you LL, you will win b/cause he has the burden of going forward with the evidence and he has the burden of proof, which means he must prove that it is probably more true than not true that you had no agreement.

In any event, always, always, always get agreements in writing signed by all parties.

I give a half hour free session in my office with teleph #208-345-3817 if you'd like to make an appointment to come in and let me review your lease agreement.

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Answered on 2/21/03, 12:52 pm


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