Verbal Contract for sub-lease

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amacar01

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In November 2003, I phone a person in the United States from Canada about a house sub-lease from a posting on the Internet for $300/month. I printed the posted off and still have it today that states $300/month (note: In the posting he also makes false statements about the house) - 5 copies of the posting.

When I arrived at the house in November (United States) he said he meant the posting should have been $333, but because of his mistake he would pay me the $33/month. Note: I would not have taken the place if it was more than $300. Basically, if the posting says $300 why would I pay more except for a deal between him and I! Therefore, we entered into a verbal or oral contract.

The following is the oral agreement:

Dec - $33
Jan - $33
Feb - $33
March - $33
April - $33
May - $33
June - $33
July - $33
Aug - $16

Total: $280

For November I wrote him a cheque for $200 (because he paid the rent a head of time - I did not arrive until November 10, 2003), basically the $33 substracted which proves we had a deal.

I have tried coutless times to reconcile with him through emails (which I have kept - proves my honesty and have notes - to do lists from November) and phone calls (same information as email) and he has not responded.

I was talking with some people and he has character issues - known to do this before.

I would like to take him to small claims court to get the money back. I would like to know what you think of my case?

To be honest with you, it is not so much the remuneration as it is the dishonesty.

Let me know if you require any further information?

Thank-you
 
I don't understand. What does this mean he would pay you $33/month? The sublease amount to the landlord is 333 and he would reimburse you for the 33?

Actually, I don't really understand where the dispute is. If you were moving out in the last month then I would have paid the last month's rent less the outstanding balance owed to which he would have to pay the landlord.

Originally posted by amacar01
In November 2003, I phone a person in the United States from Canada about a house sub-lease from a posting on the Internet for $300/month. I printed the posted off and still have it today that states $300/month (note: In the posting he also makes false statements about the house) - 5 copies of the posting.

When I arrived at the house in November (United States) he said he meant the posting should have been $333, but because of his mistake he would pay me the $33/month. Note: I would not have taken the place if it was more than $300. Basically, if the posting says $300 why would I pay more except for a deal between him and I! Therefore, we entered into a verbal or oral contract.

The following is the oral agreement:

Dec - $33
Jan - $33
Feb - $33
March - $33
April - $33
May - $33
June - $33
July - $33
Aug - $16

Total: $280

For November I wrote him a cheque for $200 (because he paid the rent a head of time - I did not arrive until November 10, 2003), basically the $33 substracted which proves we had a deal.

I have tried coutless times to reconcile with him through emails (which I have kept - proves my honesty and have notes - to do lists from November) and phone calls (same information as email) and he has not responded.

I was talking with some people and he has character issues - known to do this before.

I would like to take him to small claims court to get the money back. I would like to know what you think of my case?

To be honest with you, it is not so much the remuneration as it is the dishonesty.

Let me know if you require any further information?

Thank-you
 
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