Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Good evening. My name is ***** ***** I look forward to helping you.
Can you provide me a bit more information? Is he no longer living there? Do you have any texts, emails, etc. evidencing your agreement? Thanks.
Thanks for following up! What you want to do if he won't pay per your verbal agreement is to file suit against him. If there is nothing in writing, it is a bit more difficult process. But, not impossible. The lack of a written contract can be overcome by the concepts of promissory estoppel, detrimental reliance, and unjust enrichment. This situation arises when Person A relied upon the verbal agreement, Person A performed based on such reliance, and because Person B defaulted, such reliance is now to Person A's detriment. Where there is i) partial performance by Person A based upon the mutual promises, ii) Person A relied upon such promises to perform, iii) Person B's failure to perform would be to Person A's detriment, and iv) result in Person B being unjustly enriched, Person A can overcome the legal requirement that the agreement be in writing. Your situation satisfies all these elements.
Thanks for following up. Yes, you absolutely can. But, also just the fact that the place is air conditioned and he's living there is going to be sufficient. But, do take a picture of the stuff in the refrigerator!