Re: Tenant vacated without proper notice & trashed it? - Landlord Forum thread 183178

"The law clearly says written notice is not required for "oral" agreements". Right, a 30 day oral notice IS required with oral agreements. Since agreements are oral, laws only REQUIRE oral notices to terminate tenancies. It doesn't mean that a tenant or landlord can not or should not put it in writeing to his own advantage, just means that WRITTEN NOTICE is not required under an oral agreement.

To answer your question. Well, tenant is under oath to tell the truth, so in a case where a tenant will lie under oath, then it will be the landlords word against the tenants word. Beleive me, if someone is going to tell one lie under oath, more lies will follow. A judge will pick up on that and their credibility is gone, the judge will then render his decision in part where it's he said/she said in favor of the other. Looking at one of my judgments from the magistrate, it says in the last paragragh, "Based upon the TESTIMONY, evidence presented AND THE CREDIBILITY OF THE WITNESS, it is the decision of the magistrate that.......(magistrates decision). Point is a magistrate or judge should be able to pick up on the credibility of the witnesses.

I don't know what your experience in court was that made you lose, but I bet if I had all the facts and information surrounding it, I could tell you exactly what happened. I have a feeling that you really do not understand how you lost. You seem to believe that you lost because you did not have a written agreement. I assure you that it's more than that.

I want you to know that I did not continue to engage in this lively debate to prove you wrong or attack you or make you feel any less of a man. My only reason is to help you and other readers to know your rights and avoid being missinformed. Don't feel bad, even when I asked my husband and a friend the questions of this debate, they were both wrong too.

I think you owe me dinner for this.