Legal Question in Wills and Trusts in New York

I lived in a house for 2 months with 9 other people, we never signed a lease or rental agreement, the manager did. Everything with the house was done under his name. I got a phone call today from the real estate agent stating that we owe $7,300 in damages and fees.

How would we be liable if we didn't sign anything?

What should be done, pay it or take it to court?


Asked on 8/18/11, 11:11 am

1 Answer from Attorneys

Carol Ryder Law Office of Carol Ryder PC

While it is always better to get something in writing, people are mistaken when they think a contract cannot be formed orally. We have some exceptions that require a written contract but we don't seem to have that here. Contracts can be formed by one's behavior and/or specific language, such as saying "I'll take it", moving in and living in an apartment. We then would have a month-to-month tenancy but even though there is no written document, such as a lease, there are certain rules. You could be liable for damages and if you don't give proper notice, for rent. I always tell people to take videos and pictures of a place when they move in, then before they leave. Document your notice to the landlord that there are these problems here. Think about what the rental car companies do where they make you circle on a line drawing of a car where there is damage, and if you don't circle anything and the car comes back damaged, YOU are responsible (and let's face it, all rentals have at least some beating up-I draw wide circles myself after careful inspection).

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Answered on 8/22/11, 9:53 am


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