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blkdeo

What is the best way to break an oral agreement?

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Jurisdiction:

 

Georgia

My roommate and I moved into a 2 bedroom, 2 bath house on July 20th. I am not on the lease. Our oral agreement is that we will split everything, 50/50. I've known my roommate for ten years but, you really get to know a person when you live with them. We are just friends. I am retired and she stills works. On August 1st. when I refused to tear up a box to put in the trash, she became enraged and told me that she was not going to live with some one who just laid around all day. She told me to get out. After she realized that she needed me to help pay rent and utilities, she relented. Since then, it;s been one thing after another-nit picking. She sees everyone else's faults but not her own. I have come to realize that she chose me to be her roommate because she has this "nice-nasty" persona and no one (apparently except me) wants to deal with her on a daily basis.

I cannot. I will not live with her beyond 90 days. How do I break this oral agreement without being liable? I am tempted to just leave but I want to remain a gentleman.

Please help and thank you very much.

 

A friend of mine wants me to pay 1/2 the rent and utilities. I concur. She also wants me to pay 1/2 of the deposit although my name is not on the lease. Am I obligated to pay?

Thank you

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Hi @blkdeo

 

Thanks for posting! Sorry to hear about your situation with your roommate. Oral contracts are enforceable. If the lease is longer than one year, then the contract must be in writing under the Statute of Frauds. In your case, it sounds like there was an oral contract made, you and your roommate might disagree on exactly what the terms were (which is likely common with oral contracts). You can attempt to negotiate your departure from the apartment, and get that agreement in writing. Or, you can simply leave, but you will risk that your roommate sues you for breach of contract. If that happens, it will be your word against hers, since there is no contract in writing. FindLaw has some helpful templates for roommate agreements you can use the next time you move in with someone to avoid this sort of dilemma.

 

Best of luck and keep us posted!

The FindLaw.com Team

 

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Was your oral agreement for 1 year?  If not, you can give her 30 days notice and move out then.  The terms of your oral agreement are what you BOTH agreed to.  If you did not agree to pay 1/2 of the deposit, then it is not part of the oral contract.

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1 hour ago, blkdeo said:

How do I break this oral agreement without being liable?

 

You haven't clearly described the terms of your oral agreement.  You wrote that your "oral agreement is that [you] will split everything, 50/50," but you didn't indicate that the agreement was for any particular period of time.  Was it?  How long is the term of your roommate's lease with the landlord?  If, for example, her lease with the landlord is a one year lease, then it's probably reasonable to imply that the term of your oral agreement was the full one year term of the lease.  If that's the case, then nothing in your post suggests you have any grounds to break the agreement.  On the other hand, if her lease is month-to-month, then it's probable that your oral agreement is also month-to-month such that you can terminate your sub-tenancy by giving whatever notice is required under Georgia law.

 

 

1 hour ago, blkdeo said:

She also wants me to pay 1/2 of the deposit although my name is not on the lease. Am I obligated to pay?

 

Not unless it was part of your agreement.

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