Sorry, OP. Every first year law student learns this on day one of real estate law. |
Yep. Contracts 101. |
| OP as a practical matter what legal action do you think you could take in time to get you housing in two weeks? I mean, the others are right. Contracts 101. But as a practical matter you’re wasting time here. |
Texts don't qualify as a verbal agreement. |
| How long was the agreed term? |
+1 It sounds like you only made this agreement 2 weeks ago, and you still have a few weeks before school starts. Hustle and find another place. |
| If you need a place to stay in two weeks, use your energy and time to find a new place. The one you saw is gone. Even if there was a way to enforce a promise to meet and sign the lease (and I am not aware of a way to do that), it would take you to file a lawsuit and wait months or years in litigation. It does not make sense. Lady decided not to rent or found somebody else who paid deposit snd signed sgeeemrt on the spot snd maybe even agreed on higher rent. Find something else and pay a deposit immediately and sign the lease as soon as possible |
Statute of Frauds, baby!!! |
You are not good for your word. |
That’s not what consideration means. The agreement to pay rent is consideration, as is the agreement to lease premises. However, the statute of fraud issue is real if the lease is for a year or more, as is the practical difficult of doing anything about a non written lease. |
What happened if her recollection is completely different from yours? What can you prove from text exchange? Probably you can take her to small claims court . |
We do the exact same thing. So many buyers completely flake or ghost. So we say yes to everyone. We don’t give out the address until a buyer says they are literally on their way. Once the item is sold we let the others know. If you are serious and want something held you can send me the full payment in advance. I’ve had buyers actually do that and then I’m happy to hold it. Otherwise it’s whoever shows up first. Savvy buyers know this. |
| The landlord most likely found a better tenant so she ghosted you. Move on, OP. |
But this isn't a sale of land, but a lease which I thought was exempt from the Statute. |
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So so much bad info on here
First the statute of Frauds says all real estate contracts for a term of 1 year or more must be in writing. Second, a text exchange is a writing and is likely enforceable. Third the consideration is the mutual exchange of promises in this instance (ie party 1 will lease the property, party 2 will pay rent). |