Legal Question in Real Estate Law in Indiana

Verbal Agreement

I had a lease, and a verbal agreement to get out of it due to home purchase. I made a mistake by not getting it in writing. When it was time to move out, the mgr. had quit, and the apartment is taking me to court, but I am unable to get ahold of their attorney's (been leaving vmail's, with no response). Will I be responsible for EVERYTHING they are trying to charge me for (court costs, attorney's fees, damages (some of which I DO NOT agree with), back rent? I talked with the paralegal, she said we could try to work it out, but they won't return my calls. And if I do have to pay, will they let me pay in payments? (they're sueing for 2500 dollars). I have no documentation for anything, which I know is horrible. Thanks.

Asked on 1/31/02, 2:38 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: Verbal Agreement

Unless the landlord's present employees admit that it is a possibility a former employee agreed to such a proposition and had the authority to do so, you are liable for the balance of the rent due on your lease plus any damages less your security deposit. Depending upon how many months were left (or are left), you can argue that the landlord has a duty to mitigate damages and get your unit rerented promptly.

Next time, as you know, if the landlord won't put it in writing, you send him a letter saying something to the effect, pursuant to my discussion with so and so employee on whatever date, we agreed to do thus and so. If there is no negative response at the time, you have your proof.

You could insist on a subpoena for the former employee and force them to provide you with the last known address.

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Answered on 2/01/02, 1:29 pm

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