Legal Question in Landlord & Tenant Law in Pennsylvania

About 3 weeks ago I had a phone conversation with my landlord about the possibility of my husband and I moving out early, and possibly subletting. He tol me he would talk to his brother about it and let me know. He called back a couple of days later and stated "if you find a new place just let me know and we'll list the apartment on craigslist." I thanked him for his kindness and began looking for homes. Last Thursday I found a home and contacted or current landlord on Sunday, leaving a message letting him know we found a place and please call me to confirm we could move at the end of February. He contacted me today, congratulated me on finding a home, asked when we were signing the lease and what area the new home was in, then said everything was good to go and to keep in touch about it. About an hour later my landlords brother left me a message stating that they are taking legal action against us for breaking lease and that his lawyer has already been contacted. I returned his call and explained that our landlord confirmed just an hour ealier that this was all fine, and he told me that our landlord was

confuses bout when the lease ended and we absolutely couldn't break it. My question is: Are the phone conversations I had with my landlord regarding leaving early considered binding agreements?


Asked on 2/08/10, 12:41 pm

1 Answer from Attorneys

John Davidson Law Office of John A. Davidson

It would be better if you had written letters to the landlord and he answered you by letter. How are you going to bring unrecorded phone conversations into court?

That said, oral agreements are enforceable.just very hard to prove.

{John}

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Answered on 2/14/10, 5:24 am


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