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Re: verbal agreement - Landlord Forum thread 348919

Re: verbal agreement by Anonymous on October 24, 2016 @20:28

                              
Gary, thank you. I am evicting her she didn't pay October rent after 30 days termination letter on September 29. But she intimidated me telling me It's retaliation against to her, that's why I told her VERBALLY it's OK not to pay October her daughter was there, then she texted me and asked for 3 months of rent
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Re: verbal agreement by Garry on October 24, 2016 @22:42 [ Reply ]
You, in my opinion, have only a 50/50 chance of winning/losing. You are the LL/business person. You are taking HER to court. The burden of proof is on YOU to show why she must pay the Oct. rent when you told her she didn't have to. Your explanation to the judge about how she intimidated you, is going to have to be VERY convincing. No matter what the outcome is, treat this as a learning experience for you. If the judge doesn't believe you, you may lose this case. HOWEVER, your 30 day notice to move by Oct 31 still stands. It is a whole separate case. On Nov 1, if she is still there, you will need to give her a 3 day notice to quit,(correctly, by both reg and cert mail, and wait the 4 days for the mailing of the cert. letter, before filing in the court system.) then proceed with the eviction process after the 7 days are up. Actually, you may want to ask the judge about this, after your current case is finished. (some judges will be nice about this, and answer your questions, and others will just tell you to contact an attorney-----it all may hinge on how you handled yourself in court.)
    Re: verbal agreement by Anonymous (Iowa) on October 24, 2016 @23:11 [ Reply ]
    thank you Gary for sharing your knowledge and your experience
    When I told her not to do it I was scared and she responded with a text that I will use as a proof she wants more, she said she wants 3 months of rent. I realized the only thing she want is money, Probably I will pay my inexperience. What can be the worst case scenario if a loose??
      Re: verbal agreement by Garry on October 25, 2016 @00:03 [ Reply ]
      If you lose, she will not have to pay you Oct. rent. That's it. She will still need to be out by Oct 31, or face eviction procedures starting Nov.1. DO NOT ask for any rent for Nov. , or you will void your 30 day notice to her to move.

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