Landlord/Tenant Verbal Agreement

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zoeygirl

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I'm in a bit of a pickle and unsure of what my rights are as a tenant. My explanation may be a bit lengthy so bear with me please.

In August 2007, we moved to this home and signed a year lease under a realty company. Once that lease was up, the owners of the house decided that they no longer wanted to use the realty company and wanted to just manage the property on their own. At that time, I explained to the owners that it may just be best for us to go month to month because we were unsure of how long we would be staying at the home. With all of the economical changes and complications, I was very up front with them and mentioned that I may be needing to move for a new job. I explained that it could be in a month or in 6 months. I had no idea. For the months of August, September, and October (2008) we just went on a month to month lease.

Then in November 2008, the owners of the home approached me and asked me to sign a year contract. I reiterated that I wasn't sure if I could do that because I may have to move. The owners then told me that this was understandable and they wanted a lease for protection on both ends. They then stated that it would be ok for me to opt out of the lease early if I had to as long as I gave them a 30 day notice. We signed the new lease. Unfortunately we did not make sure that there was a written addendum to the lease stating this and just went based on their word. Not smart on our part and I'm learning that no one can be trusted.

In June 2009, it became clear that we would be needing to move. The last month of June I contacted the owners of the home and informed them that we would be moving. I was unsure of the exact date but told them that I could be out by August 1st if they needed me to be. Some time went by and we were having issues securing a house BUT I told them again and again to please protect themselves and go ahead and hire a realtor so that they had a better chance of getting someone to move into the house. When we moved into the home originally we had to pay both first and last month's rent. Since I gave my notice in June, I did not send a rent check to them for July since I paid last month's rent up front. At the end of July we finally found a place and I contacted them asking if they had a renter for the house yet and whether or not they needed me to move out by the 1st or if I could stay til the 15th. They had not even hired a realty company yet and told me that this would be fine. I then sent them a check for the time I would be spending at the home in August.

As far as I knew, everything was fine and going according to plan. however, I received an email this evening from the owners stating that they would be keeping the 'security deposit' since I was breaching contract by leaving early. They also stated that I need to now pay them rent for July along with a late fee. I am baffled to say the least. I gave them the notice they asked for and have worked for them every step of the way. I even agreed to put my stuff in storage and move out whether I had a home or not. Now this.

As a tenant, what rights do I have in this situation? Does the verbal portion of our agreement hold any water? What steps should I take?

There is another little spin to this story though that might help me. From what I've read, one of the responsibilities of a landlord in the state of Florida is to keep the plumbing/toilets in good working order. Since we moved here 2 year ago we have had multiple problems with the plumbing lines clogging up and sewage spilling/leaking/rising up into the tubs and showers. Sometimes it happens and then drains (usually while you are in the shower). Other times we have had to contact a plumber to come out and unclog the lines from the outside line. The last time a plumber came out (a few months ago) I was told that there is either a small belly in the line or a fixture was put on backwards and causing a reverse flow. I have been instructed to fill up both of the tubs and drain them at the same time once a week to make sure that the lines are flushed and free. So far this has worked but this can hardly be considered 'working' plumbing. Would this be considered a breach of contract by the owners?

Any information would be greatly appreciated.
 
While verbal agreements can be binding, it is difficult to prove that such an agreement took place should this matter end up in court.

The fact that the problem of the plumbing was addressed and the problem solved with the solution presented does not breach the lease contract. If the landlord had never responded to the issue then you might have a good argument in court. However, the fact that you continued to rent the house even after the initial lease was up would show (in court) that you accepted the plumbing situation. In addition, the solution recommended did result in"working" plumbing.

Gail
 
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