Follow us!

    Re: tenant at sufferance hasn't paid rent for over a year

    Posted by -- on 2/18/09

    On 2/18/09, Ronda wrote:
    > The owner of the apartment building says the agreement with the
    > holdover tenant to allow him to stay in exchange for light cleaning
    > services was an oral agreement.

    It is the burden of the tenant who is claiming a valid lease to
    produce it. If the agreement was made more than a year ago it is no
    longer valid if it ever was.

    Nevertheless, I suspect a breach of contract action may be necessary.
    But then again maybe not. The landlord should attempt to evict the
    tenant for non-payment of rent. The tenant will again have the burder
    to show he has paid rent. It is unlikely that an oral contract over 1
    year old will suffice as proof of payment of rent in exchange for
    services. Unfortunately this is a little more difficult than a
    straight eviction for non-payment action because of the difficulty of
    establishing whether the services have been properly tendered
    according to a valid contract.

    (1) The contract may no longer be valid;

    (2) If it is still valid, the tenant may have breached the contract by
    non-preformance of services as required by the contract but that will
    likely have to be determined in a contract action.

    This was an interesting exercise and a welcom diversion from the
    mindless banter about some hole in the wall online law school being
    delisted. Unfortunately few participants on this board are capable of
    giving consideration to legal problems that real students will be
    facing in their course of study. More hypo style questions like this
    would be nice.

    However, as I said before, I regard this as a hypo situation and not
    legal advice. If this is a real legal question involving real people,
    only an attorney licensed to practice law in your jurisdiction can
    give you legal advice. This was just a practice exercise. OK?

    Posts on this thread, including this one
  • tenant at sufferance hasn't paid rent for over a year, 2/18/09, by Ronda.
  • Re: tenant at sufferance hasn't paid rent for over a year, 2/18/09, by --.
  • Re: tenant at sufferance hasn't paid rent for over a year, 2/18/09, by Ronda.
  • Re: tenant at sufferance hasn't paid rent for over a year, 2/18/09, by Ronda.
  • Re: tenant at sufferance hasn't paid rent for over a year, 2/18/09, by Ralph.
  • Re: tenant at sufferance hasn't paid rent for over a year, 2/18/09, by Ralph.
  • Re: tenant at sufferance hasn't paid rent for over a year, 2/18/09, by ask a WCSL expert.
  • Re: tenant at sufferance hasn't paid rent for over a year, 2/18/09, by --.
  • Re: tenant at sufferance hasn't paid rent for over a year, 2/18/09, by WCSL GONE.
  • Re: tenant at sufferance hasn't paid rent for over a year, 2/18/09, by Ronda.
  • Re: tenant at sufferance hasn't paid rent for over a year, 2/18/09, by --.


  Site Map:  Home Chatboards Legal Jobs Classified Ads Search Contacts Advertise
  © 1996 - 2013. All Rights Reserved. Please review our Terms of Use, Mission Statement, and Privacy Policy.