Q: I have a verbal agreement with apt mgr to pay Feb rent late. Owner came by and gave me a 72 hr notice anyway. legal?
I have a verbal agreement with my apartment manager to pay Feb. rent late. Half on Feb. 20th and then the rest with March rent, which then I would be all caught up. Owner of the building came and put a 72 hour notice on my door Feb 13th, about 2 weeks after talking with my manager. Is the 72 hour notice legal or does my verbal agreement stand?
A: Assuming it is otherwise valid, the 72 Hr Notice likely is enforceable. First, since it is only verbal, you may well have a proof problem in court (you think the manager is likely to testify in your favor and against his boss and risk his job?). Second, even if you convince the Judge, the owner/boss can presumably override the Manager's decision. Third, I don't immediately see any consideration for the agreement meaning it likely is not enforceable anyway. IF you already paid part of the rent and it was accepted (and not subsequently returned within 10 days), then you may have a waiver argument in court but otherwise I would not be surprised if a court backed the landlord. I would try talking with the owner to see what can be worked out. Good luck.
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