Can the landlord come with the police and put my stuff on the street if we had an agreement for an extension?

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Can the landlord come with the police and put my stuff on the street if we had an agreement for an extension?

We went to court for non-payment of rent. He won and I was to be out 10 days ago. However I asked him that if I pay him $200 can I stay for another 2 weeks (my payday). He agreed and took the money. Now he is kicking me out. Is that legal?

Asked on August 2, 2011 South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Did you receive a receipt and a written agreement from your former landlord signed by him or her for the $200.00 you paid as consideration to remain in your former apartment for an additional two weeks?

If not, you have a proof problem of your agreement with your landlord for the additional 2 weeks to stay at the former rental.

If you paid the landlord $200.00 for an additional 2 weeks to remain, he took the money and now he is having you removed under the court order for non-payment of rent, he can do so and have law enforcement physically remove you.

Should he do so without giving you the additional 2 weeks agreed upon is not right. Unfortunately, your agreement for the additional 2 weeks came after the court matter that the landlord won and you have no court order allowing you an additional 2 weeks stay for the $200.00 you paid.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Legally--no. If a landlord agrees to give you extra time in exchange for paying a sum of money, and you honor your obligation by paying that money, he in turn must honor his obligation; he can't take your money and kick you out. Violating the agreement could entitle you to sue him (such as in small claims court) for damages, or possibly to seek an extension of time from the court before your eviction, pursuant to the agreement.

If the agreement was oral or verbal, however, and if the money was given in cash or some other way that you cannot prove receipt of the money, it may be very  difficult to prove that this agreement existed and that you did your part. That's not to say you shouldn't try, but you need to be aware that while oral agreements are enforceable, they are a bad idea, since they are hard to prove; and giving someone money in cash (if that's what you did) is always a bad idea, too. Good luck.


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