Are verbal agreements enough to sue?

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sofyfaz

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My lease was up 6/1/11.
I had asked my landlord at the end of February if there would be any penalties if I broke my lease. He told me there would be no penalties. I have a witness to this. So it was agreed that he would start looking for a new tenant but I made it clear that I would stay out for the month of March since it was right around the corner.
Come March 1st I paid my rent on time and he cashed the check immediately. Three days later, 3/3/11, I get a phone call at 2pm asking me if I could move out by Saturday 3/5/11 because he found a new tenant. The only reason I agreed to this quick move was because he told me he would reimburse me 3 weeks worth of March rent plus my security. I have a witness to this as well.
So come that Saturday I was rushed out and complied to all requests made by the landlord. He gave me a check for my security and told me in front of my friends that he would mail me the check for the March rent after his new tenant's check cleared.
Two weeks later he is ignoring my phone calls but I finally get a hold of him and he only wants to give me $400. My rent was $1150. He says I broke the lease and made him rush to find a new tenant. Why would I have paid for the entire month of March and leave 5 days later without any incentive?? I could have refused to move and stay until 3/31/11?
I know it is my fault that I have nothing in writing but I have two witnesses and the cancelled check he immediately cashed. Can I sue him?
 
You can make a pretty convincing argument in court that the landlord consented to your early departure. At the same time, since the landlord immediately got a new tenant, he does not have any loss. The landlord should be giving you back a prorated amount for March.
Write a letter to the landlord demanding the amount you believe is still due and explain why- be careful not to be too threatening or he may just blow you off.
If he doesn't refund your money within 10 days or so of receiving the letter then take your argument to small claims court. You can probably get a judgment in your favor.
 
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