Renter mad at rentee for not moving in. Can they sue?
A person was renting out a room in their home and there was an email agreement that the rentee would move in. Due to circumstances which are in need of explaining, the rentee did not move in and did not communicate their intent not to move in. Now, the renter is mad and wants to sue the rentee for one months rent and attorney fees for "breach of verbal contract".
Is there any case here?
2006-11-26T18:47:36Z
I agree that there should have been communication stating that the person wouldn't move in, but what's done is done and if he could do it differently, he would.
There was no signed contract, no exchange of money or items, just email conversations saying, "Yes, I'll move in".
The person owns the home and is just renting out his room. I can't imagine he's losing any money from the rentee's change of heart.
BoomChikkaBoom2006-11-27T07:11:34Z
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As long as the person who owns the house can't prove that they had someone they turned down in favor of the person who didn't move in, they don't have an actual loss.
You can only sue for an actual loss in small claims, not an unrealized gain. No loss = no damages = no claim.
Not in one hundred million years would anyone be awarded attorney fees for something like this.
A good rule of thumb is to simply BE FAIR. If I were you I would either 1. Not bother charging the renter anything if you don't care too much. 2. Charge the renter $25-$50 depending on the quality of the fridge and the seriousness of the dents. Obviously the money will not be enough to replace the fridge, but it can go to your fund for the upkeep and maintenance of the apartment. If you explain to the renter that you are charging him for the UNNECESSARY wear and tear on the appliances, and you don't charge a ridiculous amount, the renter should not complain.
I think the renter probably can make a case, if he still has the email message from the potential renter stating that he WOULD BE moving in. The worst thing the potential tennant did was not communicating with the landlord and letting him know that a problem had arisen. To a judge, it could look like the potential tenant just said to hell with it...promise or no promise.
I don't feel there will be a case here due to the fact that there was no signed contract. If you need furthur clarification on rental agreement & rental laws, contact an attorney specializing in real estate law & have a free consultation with him/her.