A Verbal Agreement

[arpabad]

Hello,

Recently, I was supposed to move into a house, a verbal agreement was made to move in the middle of the month and pay only half the first rent ($425).The monthly rent was $850. But something came up and I couldn't afford to move in. Financially I couldn't afford it. 2 weeks later, the day before I was to move in, I told the owner that I wouldn't be moving in anymore, she got really mad and said that she was going to sue in a small claims court. She said she'll sue for the $425 and maybe the loss she had for reserving the house for me. She's not willing to make any payment arrangements with me. What are my chances of winning this case? Is there a possibility that I could win and not have to pay her?

 

[Duranie]

It sounds like you owe her the money. A verbal agreement is still enforceable. Have you tried sending her a check for whatever amount you can pay? If she sues you and wins the judggement, it will go against your credit, plus she will have to then go through the measures to collect the judgement via lien, wage garnishment, etc..

She is also required to mitigate her damages, so she needs to look for another tenant however you probably owe her at least 1/2 a months rent. I would do what you can to pay her.

 

[arpabad]

thanks for your reply