What to do about a breach of an oral agreement?
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What to do about a breach of an oral agreement?
I had an oral agreement with my landlord that I would get $400 for finding new tenants. When I asked for it, I only got $300, with them claiming that there was a $100 fine for a noise disturbance that happened after we ended the lease. I lived with 3 other people but I got hit with the full fine. Do I have any legal recourse against him?
Asked on September 13, 2012 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
An oral agreement or contract is legally enforceable: you could sue to recover this money. Bear in mind that 1) you'd have to prove the existence and terms of the contract, which can be difficult when there is nothing in writing; and 2) even in small claims court, you'd have to pay a filing fee (typically around $25 to $30), which will effectively reduce what you hope to receive.
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