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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 33166
Experience:  JD, BBA Over 25 years legal and business experience.
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My son is in the Navy. He is on deployment in Okinawa. His

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My son is in the Navy. He is on deployment in Okinawa. His roommate who is in the Navy is on deployment in Bahrain. They are stationed in Oahu and rent a house there. They are now on a month to month rental agreement. Before they were deployed, they agreed to keep the house. Now a month and a half into deployment my son's roommate informs him via Facebook that he is moving out at the end of the month. We don't know how or where as their deployments aren't up for several months. My son is now concerned as the rent is over $3000 per month and has no way to move his stuff out. Does he have any legal recourse against his roommate as they both verbally agreed to each other to maintain this residence?
Submitted: 5 years ago.
Category: Legal
Expert:  Tina replied 5 years ago.

Thank you for contacting Justanswer.com. I am sorry to hear of your son's difficult situation.

Oral agreements are enforceable typically, but only if your son has evidence (including his testimony) regarding the terms of the contract to provide a basis for a court to enforce it.

If so, he can sue the roommate for breaching the agreement in small claims court, depending on the amount in controversy. The maximum he may sue for in HI is $3,500 in small claims. Otherwise, he would typically need to retain a local attorney to represent him in the state court.

If he does not wish to file suit, then his best option is typically to give 30 days notice of his intent to move out to the landlord since he is a month to month tenant, so he is no longer liable for rent.

All the best to you in the New Year!

Tina

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