Legal Question in Real Estate Law in Texas

verbal agreement

Can a verbal agreement hold up in small clains court? I had a roommate that was going to take over my lease by signing the paperwork, she did not and ended up breaking the lease. Now my name is still on the lease when she said she would sign it. Now I owe $11,000 for a situation out of my control. What are my options?


Asked on 3/01/02, 12:28 pm

1 Answer from Attorneys

Lawrence Maun Lawrence J. Maun, P.C.

Re: verbal agreement

Small Claims court is limited to $5000.00, but you could reduce your claim to meet that amount. A verbal agreement is enforceable, it is a matter of proof. You need some evidence the promise was made, a withness, a letter that shows the agreement etc. Your word is proof, but if the other person contradicts you the value of your word is diminished. In some cases contracts have to be in writing, i.e. one year lease, but in this case the contract was to become obligated on the lease so you should be able to get around that. Larry Maun 713.266.2560

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Answered on 3/01/02, 5:10 pm


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