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I am a college student who is graduating in December, but my apartment/room's lease ends on July 2018. So I posted my room on Craiglist and someone contacted me yesterday saying she will pay my whole lease from October to July and I just need to pay her back monthly for October-December. She said her mom will pay everything today and will send me a receipt that she paid then I can send her money. I told her I can only do $300 now and pay her the difference for October's rent on 10/5 that's when I usually pay my rent. She and I agreed, so she paid the whole lease and as soon as I got the receipt, she asked me to pay her $300 only through the Western Union. She I went to the Western Union right away and she confirmed that she got the money. After few hours, she texted me saying her husband is not comfortable with $300, so she is asking me to pay $250 more. I told her I can't and that was our last conversation. This morning she texted me saying I need to pay the October's rent today, I told her that is not what we agreed on, but she kept saying we talked about it. So I told her to reread our text, then she's saying just pay the $250. I said no. Now she is threatening me if I don't pay, we will have to see each other in court. She keeps changing her minds and breaking the promise. We do not have any document signed. We just talked on the phone and texted back and forth. Is this something that she can summon me to a court?

Submitted: 10 months ago.Category: Legal
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Answered in 5 minutes by:
9/25/2017
Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,224
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Lawyer: Legal Eagle, Lawyer replied 10 months ago

Thank you very much for your patience on this. This appears to be a classic breach of contract because she is changing the terms of the agreement. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. Therefore, if you do end up paying her the $250, you could actually sue her for breaching your agreement. Accordingly, what I would recommend is that you advised her that even if an agreement is not in writing, oral agreements or still enforceable and the fact that they agreed to the payment terms binds them to that. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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