I made a verbal agreement with a landlord in Covington, Kentucky. 
Recently, he stopped returning my phone calls, and left a message on
my voice mail (at 5:24 am) that the apartment that we were wanting
would not be ready in time.  Is our verbal contract binding?  If so,
what compensation can I receive for having to drive to Cincinnati and
find alternative housing?  He caused me great difficulty and money.

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Request for Question Clarification by markj-ga on 29 May 2004 05:20 PDT

jaharris --

It would be useful to any researcher who takes on this question to
know whether your lease agreement with the landlord is for a term of
one year or more.

markj-ga

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Clarification of Question by jaharris-ga on 29 May 2004 09:25 PDT

Basically, no set term of a year or longer was discussed.  We all
assumed a year long lease, seeing as how he showed us another of his
apartments and a year was the length of the lease.

As far as knowing who said what, I am aware that this is a problem
with verbal agreements.  However, the first discussions with him
included my wife and I with only him.  We did meet with him again with
and brought along a friend (mainly to see our future place) but she
heard the agreement being made.  There was no doubt that he was
agreeing to rent us this apartment and that it would be ready by June
1st.  He actually said at one point, "This place could be ready by May
1st if we had to."

I know that I should probably forget it, but I really feel very
strongly that something should be done.  People need to know what kind
of person he is before they consider renting from him.

Thanks.

The main problem with all verbal agreements is proving who said what.

If I were you, I would forget it.

You have no agreement with the landlord that binds him. He left a
message on your machine, changing the verbal agreement and that is
sufficient, unless your verabl agreement included a provision for
changes in another format.

An agreement is an understanding (a meeting of minds) that can be
changed at any time by either party and if notice is properly given of
that change, before that change caused a loss then there is no cause
for action.

If the message was on your machine after you had taken steps to meet
your obligations of the agreement, then your remedial rights change.
However, any action will consider what a "reasonable person" would do
in such a circumstance. In your case, to accept the undertaking of a
verbal agreement for a lease is not reasonable. Next, a lease is a
legal right derived from legislation. Therefore, you had no lease or
rental agreement that is enforcable beause such agreements are
protected (made enforceable) by the statute or legislation.

Your best action would be a small claim for losses, if you can prove
that the other party caused them. In such cases, the judge will
consider if  you contributed to your own losses? The answer is
probably yes, becaause you did not seek and execute a written lease.
That you drove to Cincinatti is not an issue, becase you coiuld have
looked i your own area for alternative accommodation. It really sucks,
but you have no case and no recourse.

That there was no period discussed, shows the agreement was not
complete. That there other apartment had a year lonmg lease, does not
mean the landlord commonly gives year long leases for all apartments,
and if he did, he can change his mind anyway. That is the benefit of
the freedom of choice and personal rights, to change ones mind. That
means, in futurte, trust no one and alwasy ensure you have a signed
agreement. If you don't then the superior party will always screw you.
That is your lesson from this event and never forget it!