Legal Question in Real Estate Law in Texas
Plaintiff CASE:
I don't understand how or why I am responsible for giving a refund, when we had a Confirmed Agreement & Signed Contract.
He / We, agreed the move in was set for 9/3/09
I have a few questions in regard to the room I rent out, in my Home.
7/29/09: A potential roommate, David Andrews Jr., responded to my add, R4R.
We met and came to agreement(s) on a Month to Month Lease.
The Add Posted: $375 per month plus 1/3 of the utilities. Which came to $550.00, Give or Take.
While ending our conversation in relation to the terms of the Lease, he immediately wanted to secure the R4R with a cash payment on the rent..
As I normally ask a potential Roommate to give it 24 hours to think about it, and we can Ask and Answer if needed.
This was the end of July, 2009.
After 30 minutes of Lease Discussion, David went to his bank and brought me back $400.00 in cash. And gave it to me, to Secure the room, was not a Deposit.
No Receipt.
It was a partial payment for the First Month Rent & Utilities. Which I was under the Agreement and Assumption this was a Done Deal.
And I pulled the R4R add with the understanding he was a confirmed Roommate.
His "Move In" Target Date was 9/3/09
After the time in-between our meeting and cash paid, which was 7/30ish/09 through 9/09
When it came time for David to move in, he wanted his money back.
I said no, You still owe me more money. Under the Terms of the Agreement
He has filed a "Small Claims Suit Per Complainant" against me.
On the DOC. & CASE NO. He states "Breach of Verbal Agreement"
Our Agreement was $375.00 a month - plus 1/3rd of the Utilities.
How can this be a "Breach of Verbal Agreement"?
My opinion is, he still owes me a balance of the Agreement which was First & Last Month to Secure! $750.00.
I was served: CITATION STATE OF TEXAS paper work form a CONSTABLE OF TARRANT COUNTY on Friday 11/13/09.
I have 10 days to respond with a written answer.
Stephen told me to ask you about "General Denial, Plead Affirmative Defense such as Accord Satisfaction"
And if I can get some Professional Direction from you, I would Greatly Appreciate it.
Thank You.
Abundant Faith,
Alan J. Eadie
817-372-4928
1 Answer from Attorneys
Go to the court and they will provide you with instructions with a form for an answer and counterclaim. The clerks there can help you and it is a very consumer-friendly court. Good luck.
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