Calling all you lawyer/cop types

[iplaw]

Okay, but next time I expect an IRACed response from you.

I win hands down though, I had Tanaka...along with Parker and Adams all in the same semester.

[cannon_fodder]

Is an oral contract for a short term lease of real property binding?

An oral contract for the lease of real property is binding if it can be performed within one year (Statute of Frauds criteria) and also meets basic contracting criteria .  (Throw in MYLEGS other criteria for good measure)

This contract is for less than one year (something about no issues with the rest of SoF), there was an offer to lease, consideration was exchanged (money/lodging) and the offer was accepted (he moved in) - it is a binding oral contract.

The "friend" in this scenario is a lessee and has to defer proper legal protection to her tenant. (discuss any tenants rights we may have mentioned in class).
- - - -

Who was it that you got credit for restating the facts?  You had to recopy the entire fact pattern for like 50% credit.  Damn that irritated me.

[iplaw]

I think it was Waits, but I didn't have her...

Good job on the analysis though, C+

Please deposit your tuition fees as soon as possible.

[sauerkraut]

She may do better just to vanish and let him have the apartment. She can move someplace where he won't find her. That was  a bad thing that woman did allowing a male to move in with her.

[custosnox]

Moving out and letting the guy "have" the apartment doesn't help, especially since she owns the house.  Even if it was a rented apartment, the lease would still be in her name, and she would still be responsible for it.  

CF, your absolutely right, a verbal contract is just as binding as a written contract.  The only problem here is that it comes down to he said, she said.  That is why courts don't really honor them, because there is nothing there proving that there was a contract, or the specific terms of said contract.  While a verbal can be fought and one in court, it is not a very common occurance, and not a simple thing.  But yes, the tenat eviction situation is what is really needed.  While notices are pretty standard, she might want to call an attorney to draw it up for her, and walk her through the steps of filing it and serving it.  It doesn't cost no where near as much to do this (in fact, there are some attorneys that would do this without a charge)as flat out hiring one to do the entire process. In most cases, they will just charge a consultation fee.