Profile picture for ahiggins1

What is the obligatgion of a sublessee with an oral agreement to pay a monthly rent to the tenant?

My daughter responded to an ad placed at the Art Department at DU offering to share an art studio in Denver.  She has an oral agreement with the original to rent a portion of the unit and make a monthly sublease  payment.  She has paid rent since October, plus a deposit and a portion of the renters insurance to use a portion of the one-room apartment for studio space. The tenant had originally agreed to lower the rent during the summer when she will be living in the aapartment full time, but has since indicated that she is not willing to do so.  The terms of the agreement did not include the tenant living in the space - only that she would do so on weekends.  The conditions in the apartment have deteriorated since the tenant has altered her plans and is staying in the unit for longer periods and is using the apartment to entertain family and friends and to have them stay overnight.  As a result, my daughter gave notice on April 26 that she has moved out due to the change in the use that the tenant has made of the unit which does not conform to the terms of the original ad or the oral agreement that was originally in place. What are my daughter's rights in this situation?

  • May 01 2011 - Denver
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Answers (3)

The problem with oral agreements is that they are usually unenforceable. Without a written agreement, how can either party prove what they agreed to? That's why real estate contracts are written rather than verbal agreements. If you need a definitive answer particular to your specific situation, you should seek legal counsel in your state and county.
  • May 01 2011
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Profile picture for Connie Klemme
hopefully someone else will respond as well with something more postive.  My first reaction is the old saying, "the agreement is as good as the paper it was written on"    without anything in writing, there's not much she can do except move out (in most cases).

Probably best to move on and learn from this point forward to get everything in writing.  Never think of getting it in writing as confrontational, ieven when it is family or friends if it is in writing it helps everyone remember what they said they would do and this can be a very positive thing.  Best of luck...maybe there is something she can do, but I don't know of anything.  To know for sure, ask for a free consultation with an attorney.

Mike hadn't submitted his answer when I started typing....the link he gave looks like a great idea.
  • May 01 2011
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When you say she gave notice April 26th was she giving notice until the end of April or was she giving 30 days notice?

Absent a written agreement, she might be liable for 30 days notice. But to be sure, have her contact the link below. They provide tenant legal advice at no cost.

http://www.jeffcoac.org/services.html?panel=4
  • May 01 2011
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