Landlord claims I missed a rent payment from over a year ago, I don&#39;t have easy way to confirm a payment from that far back. What are my obligations? I'm renting a room from a person, not a large organization; it's a monthly rental. He claims he just saw I had missed my monthly rent payment from April of last year. I don't have an easy way to check back more then a year ago to see if I made the payment. Now realistically I don't see this going to court one way or another; I have every intent to figure things out and if I really did miss a payment pay it now. However it makes me curious what is the legal obligation in such a case? Is my inability to definitively prove I gave him money a year ago make me responsible if he says he doesn't show the electronic payment on his end? Or is there some sort of statue of limitations on his being able to claim a missed payment? I live in Maryland.
If you want to be argumentative about it, the burden of proof is on the person making the accusation. This also means the burden of production is, too. Underlying the whole matter is a claim that you've engaged in &quot;breach of contract,&quot; namely failing to pay rent. Your legal obligation is to not engage in contract fraud nor breach of contract. You are to exercise due diligence in resolving any breach of contract. You may ask the lessor to provide evidence in support of the claim while admitting that you have difficulty looking that far back into the issue. The idea here is to &quot;work with&quot; the lessor rather than immediately taking an adversarial stance. Normal people become very disgruntled by those taking an immediate adversarial approach rather than seeking to work with the other person to resolve the dispute.
It is hard to tell what the statement in the OP that &quot;95% of the contract disputes are won/lost directly by the contract itself&quot; was intended to mean. It isn't literally true. A breach of contract claim requires a showing in every case of (1) the existence of a contract giving rise to a contractual duty, (2) an unjustified breach of one or more of its valid terms, and (3) to recover more than nominal damages, a showing of the amount of damages caused by the breach. In the simplest of breach of contract cases, say, a promissory note default case, proof of the existence of a signed original promissory note, and business records regarding the defendant's payment history establish all of these elements, and establish a prima facie case that the defendant is unable to seriously contest. One possible intended meaning of the statement that you are paraphrasing is that usually the existence or non-existence of acts allegedly giving rise to a breach of the contract are undisputed and that the litigation primarily boils down to what the contract required in the fact of undisputed extrinsic evidence of breach of contract. This is not my experience. The overwhelming majority of contract lawsuits are basically collection actions for non-payment of an invoice, for foreclosure of a lien, or for eviction for non-payment of rent, in very simple transactions, where the party with a payment obligation has undisputedly failed to perform and the performance by the party to whom payment is due is not seriously disputed either. Probably 90%+ of contract cases have this character and are resolved by default judgment. A majority of the remaining &lt; 10% of contract cases settle with the plaintiff getting some payment or acknowledgment of debt from the defendant, usually with payment plans reached primarily based on considerations mostly related to ability to pay (which isn't legally relevant but is as a practical matter critical in the subsequent collection stage), even if there are minor or unlikely to succeed disputes over liability and damages issues on the merits. Somewhere on the order of about 0.4%-4% of contract lawsuits involve cases where there are bona fide dispute regarding whether payment was made, or whether there was a legally recognized justification for non-payment such as the failure of the party to whom payment is owed to fully perform their obligations under the contract. The interesting cases usually involve disputes over whether someone earned the amount that they sought or instead failed to perform as agreed in some manner other than payment. When there is a written contract, in the overwhelming majority of cases, the validity and terms of the written contract are undisputed, and efforts to argue that there were any side agreements or subsequent modifications of the original written contract are very challenging to prevail upon. Disputes over breach and justification for breach are more common than disputes over the terms or meaning of a written contract, even though these are certainly disputed sometimes. And, of course, there are frequently disputes over whether there was a contract, and if so, what its terms were, in the case of express oral contracts, and contracts that are implied-in-fact or inferred from the course of dealings of the parties. Another possible interpretation of the paraphrased sentiment is that usually the language of the contract determines what your rights are in a case. Certainly, the rights of the parties usually do boil down to what the language of the contracts requires. Some Statistics The Colorado state courts publish an annual report with statistical data every year. The annual report for the year 2017 was typical. In District Courts (the courts of general jurisdiction) there were 247 civil bench trials (about a quarter of which are tort cases), and 218 civil jury trials in civil cases (about three-quarters of which are tort cases), which consist mostly of contract cases, but with a minority of tort cases and property rights case and cases involving statutory rights (it excludes evidentiary hearings in domestic relations or mental health or probate cases, or pre-trial evidentiary hearings such as hearings on preliminary injunction requests, eviction hearings, non-judicial foreclosure summary hearings, and criminal or quasi-criminal trials, hearings and cases) out of 89,632 civil cases filed. About 12,000 of these are contract lawsuits (52,000 are pro forma tax lien filings). Thus, there are about 240 contract case trials out of about 12,000 contact lawsuits, with about 2% of contract cases going to trial (about three-quarters of the time before judges instead of juries) (this excludes a very small number of disputed contract claims adjudicated within probate cases each year). In County Courts (the courts of limited jurisdiction for claims under $15,000 in 2017), there were 801 civil bench trials, 14 civil jury trials, out of 140,462 civil cases filed (the vast majority of which are breach of contract cases and 98%+ of which are decided by judges usually in trials of one day or less, instead of juries), with about 0.6% of contract cases going to trial. This counts evictions as well as straight out contractual debt collection lawsuits as contract cases. There were and 1,657 small claims court trials (always before a judge rathe than a jury and limited to disputes of $7,500 or less with limitations on lawyer involvement) out of 7,118 small claims cases filed, but the mix of cases is very diverse so mapping that to resolution method isn't really workable, even though more than half would be contract cases. Essentially all of the small claims cases that don't go to trial are default judgments and day of trial settlements. By comparison, there were about 460 federal court contract cases filed in Colorado in 2016 (about 0.3% of all contract cases filed in Colorado in any given year). These cases go to trial at a rate similar to the 2% rate for state court of general jurisdiction contract cases (perhaps 7 bench trials and 2 jury trials a year) (this figure excludes bankruptcy court cases which each have multiple disputed or undisputed contract claims within them). Certainly, it would be safe to say that less than 1-2% of contract lawsuits filed in Colorado go to trial. In all cases that don't go to trial, there was a default judgment (most common), settlement (next most common), or resolution in pre-trial motion practice (least common but more common than contract cases going to trial, let alone a jury trial).
"an agreement by email for the cost of rent and damage deposit etc." may well constitute a lease. If it doesn't specify a term or ending method, it is probably a month to month lease. If nothing is specified about notice to leave, you probably should gt 30 days notice. The law in BC is the Residential Tenancy Act. However, many localities have laws that modify or supplement the provincial law. You probably need legal assitance beyond the scope of this forum. a Tenant Resource Advisory Center (Trac) might be able to help. Their web sitre also provides links to various other resources, including legal referrals. The Tennant Survival Guide offers pointers to legal aid. This site offers additional resources. So does the BC Law institute Note, even if you have certain legal rights in theory, the person from whom you are renting may not respect these. Consult legal or community sources to determine your best approach. This question is really beyond the scope of this forum.
You are likely now a holdover tenant, as you have stated that you continue to pay your original monthly rental payments. Check original lease and investigate what happens at end of lease. P.S. As your original question does not state a rent increase, may want to pay the $50.
Online conversations are generally allowed evidence. However, EVERYTHING in the chat should be considered, as well as any later actions. Were there later conversations that said something different? Did the lease you signed have different terms? One line in a WhatsApp does not make your case a &quot;slam dunk&quot;. It may only be one piece of evidence in a much larger context.
The law only addresses possible legal consequences, from which you could surmise what actually happens. If a person stops paying rent, the landlord institutes eviction proceedings, and may sue for the remainder of the rent for the term of the lease: they have an obligation to try to find a replacement tenant, to mitigate the damage. Some relief is available to the landlord in the deposit, from which the unpaid rent might be deducted, but let's assume that after that, the actual damage suffered is $5,000. When you sue a person in your home state, the court serves official notice that the defendant must appear to answer the charges, and the state has jurisdiction over the respondent because they are in that state. Giving notice and collecting on a judgment across jurisdictions can get complicated and expensive, so it would depend on what kind of treaties exist between the countries. There is the Hague Service Convention which may simplify the business of giving notice to parties, which works if the respondent fled to Norway or India but not if they fled to Somalia or Turkmenistan. Since it turns out the US is not party to any multinational treaty recognizing foreign judgments, that country is not obligated to care about a US judgment, so unless the person left assets in the US, you may not be able to collect. You could sue in the person's country (hire a local attorney to pursue the matter). The main legal question would be whether there is any conflict between the lease and local law: while the basic idea of a lease is universally recognized, there may be peculiar conditions or procedures applicable in that country. (Norway has some laws pertaining to "shared utilities" which don't exist in the US, which might put a US lease at odds with Norwegian law, and there are rent-raising rules that don't exist here). It might be necessary that you appear in court in that country to swear under oath that the lease was agreed to voluntarily, or the court may require a special form of 'notarization' not available in the US. None of that renders international litigation impossible, though a favorable judgment might be unlikely in some courts. The cost of litigation might be much higher than what would be awarded by a court.
What does the contract say? I write that so often I should get a stamp made. If the contract is silent, then it is implied that payment in US currency is acceptable, as is any other method of payment the parties agree to. As you have correctly quoted, there is no limit to the number of US coins that are valid for payments, unlike in many other jurisdictions where there is such a limit. Accept the coins, make the tenant wait while you count them one by one and then give them a receipt. Oh, and change your lease when you can to nominate sensible forms of payment like electronic transfer.
Is a text message legally binding? Yes, but the terms of the message need to be clear enough to ascertain the parties' intent at the formation of that contract or agreement. A contract does not even need to be in writing. There are also oral contracts and implied contracts, the latter referring to contracts which are inferred from the parties' conduct. A contract such as the agreement you describe here is binding regardless of its form. It is just easier to prove the existence of a contract if it is in writing. You did not specify your jurisdiction. If it is in the US, the price tag --rather than the downpayment-- of the object of the contract (i.e., the puppy you intend to buy) determines whether your complaint would need to be filed in Small Claims court. Generally speaking, parties to a dispute in Small Claims court have to represent themselves. Two remarks are pertinent. First, developing writing skills is utmost important not only for litigating a dispute, but also during the process of formulating the terms and conditions of a contract/agreement. Your post indicates that you seriously need to work on that. Second, the end of your post reflects that one of your managers violated labor law(s), which to most of us would be more worrisome than the controversy about the puppy. Legislation in most or all jurisdictions outlaws the act of withholding an employee's compensation regardless of its form (salary, commissions, and so forth). You might want to gain acquaintance with the labor laws of your jurisdiction so you can assess whether or how to proceed (does legislation require the employee to "exhaust administrative remedies" prior to filing in court? are administrative remedies optional? do these exist at all?), even if only to ascertain whether the deadline for filing the corresponding claim has elapsed.