Is a vernal representation made by an agent binding?

UPDATED: Oct 24, 2013

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Is a vernal representation made by an agent binding?

I signed a lease 2 1/2 years ago; it ended a year later. Since it ended I just send checks every month with no lease. At the time of the lease my dad and i were very specific in asking if the rent covered everything including electricity. The leasing agent not the landlord said yes its all included. If your electricity gets high we will re address that when it happens. Almost, 3 years later the landlord is contacting me wanting me to pay all the past electric bills. He sent me email correspondence between him and the leasing agent about this but never between me and him or me and leasing agent. Am I responsible for past bills? Since my lease is up am I only responsible for bills during my lease? Where do stand?

Asked on October 24, 2013 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

1) An oral (or verbal) representation made by an agent of the landlord is enforceable. Obviously, proving it can be difficult, if there is no written evidence and the other party disputes your version of what was said or agreed to.

2) You would be responsible for the electric for the whole time you had been there if that had been the agreement in place. Again, the issue may be proving what was, or was not, agreed to.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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