Legal Question in Landlord & Tenant Law in Oregon

Landlords promise

I have had a landlord and he said that rent would be an extra 100, but he would put in an air conditioner. He was our ''friend'' and so we just paid the extra 100 dollars and he kept on coming up with excuses and after 8 months we gave him the 30 day notice and he started to become nasty and start harrassing us about small things about the house. Is there anyway we can call him out on the extra 900 dollars we paid for the air condtioner we didn't get?


Asked on 1/03/08, 9:39 pm

1 Answer from Attorneys

Andrew Svitek Svitek Law Group, LLC

Re: Landlords promise

My first thought is why would a renter give the landlord anything that wasn't the agreed upon rent? Even if it was designated to be for A/C, it sounds like rent to me and seems like you may have agreed to higher rent, period. This probably also isn't a habitability violation.

Having said that, you can still make independent contracts with any individual, apart from your contract as between a landlord and tenant. There are various elements to what constitutes a contract, I'm wondering what the "bargained for" element would be... maybe not all conditions were fulfilled.

If you can show that there was an actual contract, and it was materially breached, I suppose you can get a judgment. Then you can try to collect on it.

With more time, an attorney could guide you through the legal arguments, or you could try your hand at small claims court, trying to make good on a non-typical deal with your landlord "friend."

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Answered on 1/07/08, 8:11 am


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