rental

[amaeri]

A friend allowed me to move into his house as I was out of a job and had nowhere to go. That was four months ago. He said that I could stay rent-free until he was evicted (his house is in foreclosure). Two weeks ago he served me an eviction notice citing that I threatened arson and assault on his house and him, respectively. His allegations are false though he called the police (they did nothing other than advise me to move out). He is now suing me in small claims on a debt he says I owe him as he coerced me into writing and signing an IOU to him. Can I counter-sue him for slander (he told the neighbor that I threatened to "blow up" his house) and breach of verbal contract on the rental/eviction? He's also trying to sue me for rental deposit, though we had no contract other than previously stated. Also, should he win a judgment, would bankruptcy erase that debt? Thanks so much.

 

[Michael Wechsler]

I don't understand how you were coerced into signing an IOU to him. I think that your small claims case will be decided on credibility issues.

Without getting into real estate law, you have no right to sue him for the rental/eviction because you did not have a verbal contract - perhaps a gift. A contract consists of (1) an offer (2) an acceptance, and (3) an exchange of "consideration" or something of value. He offered you tenancy, you accepted, but what was your exchange of consideration? Typically this is rent of some variety -- even if it was $5 that might be considered a verbal contract. But here there was none - and what he offered you might be considered a gift.

It sounds like a great deal is going on here that we don't know about but the above might give you an idea about one of the legal issues you are facing.