Legal Question in Real Estate Law in Montana
Eviction Payment
Two 18 year old girls rented an apartment with an on site manager. Manager said just pay rent to him and pay deposit in three months. NO lease was signed. New manager comes on scene. Girls have to pay back rent-two months worth (old manager took one months worth), utility bill (not in their name, is in apartments name and never submitted to girls until now), past due charges and have to be out by Tuesday. As I understand it the girls are governed by Montana Law as no lease was signed. However, I cannot find any information regarding payment of past charges and do they have to pay them if the manager won't give them a lease and they have to move out?
1 Answer from Attorneys
Re: Eviction Payment
On oral lease for less than one year is an enforceable contract. If the on-site manager represented that he had authority to bind the owner of the rentals to an agreement, then the girls can only be held to performing that oral agreement, irregardless of what the new manager says. Secondly, make sure the girls have proof of payment of the rent. If the new manager did not recieve the rent from the old manager, then the new manager's claim is against the old manager, not the girls. If there was no agreement as to late fees, the girls should not have to pay them. This answer is assuming that the girls paid their rent on time to the old manager pursuant to the oral agreement.
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