Legal Question in Landlord & Tenant Law in New York
Backing out...Verbal Agreement..Tenant without written agreement
Hello,
My financee and I verbally agreed with the owner (brother-in-law) that we would rent the 2nd floor apartment in his house. We advised him that we were going to inform our current landlord that we were moving. When the time came to move in, he told us that the apt was not ready. He was fixing the kitchen and bathroom. We reminder him that we had already told our present landlord that we were moving. Therefore, we had no place to go until the apt was ready. So, he told us we could move to the 3rd floor apartment until the 2nd floor apartment was completed. We all agreed. On the 3rd day of living in the 3rd floor apt he told us that he did not want to rent to family. So, we could stay in the 3rd floor until we found another apt. This is not fair or right. If he know that he did not want to rent to family he shouldn't have allow us to move into his house at all. Well, after living in the 3rd floor apt for 2 weeks he then tells us that he needs money so we have to find an apt by the end of the month. Can I take him to small claims court? We gave up our apt, loss work for moving, paid for storage, etc. Please contact for more details. Thank you!
4 Answers from Attorneys
Re: Backing out...Verbal Agreement..Tenant without written agreement
I am glad I am not related to that jerk! But you are related and you should take that into account in your own actions. Yes, you have a lease. WQhen you moved into the 3rd floor, your behavior was enough to create a lease. Legally, you will win any small claims case. good luck.
Re: Backing out...Verbal Agreement..Tenant without written agreement
And if you had decided to back out of the agreement before you moved in and your brother-in-law took you to small claims court and argued that he relied on your promise and had altered his position by putting out expense in anticipation of the living arrangement what would you have argued? Probably that there was no lease.
You left out one key question...Did you ever pay your brother in law rent in exchange for accepting the apartment. If so, and he took it it is possible that a month-to-month tenancy was created but absent proof on your part you will be hard pressed to show the existence of a lease rather than a permissive living arrangment. I will be happy to discuss this with you further. . Should you like to discuss this or any other legal matter, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699
Re: Backing out...Verbal Agreement..Tenant without written agreement
My best advice to you is try to work it out, since you are all family.
Re: Backing out...Verbal Agreement..Tenant without written agreement
Yes, you could take him to small claims court BUT consider the effect on the family. You have a definate breech of contract. Taking possession eliminates the requirement "of a writing". You also have an action in "detrimental reliance". (Even if you stayed on the 3rd fl w/o being obligated to pay rent. Your agreement was for the 2nd Fl.)BUT AGAIN, THINK HARD BEFORE ACTING!
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