QUESTION
If I have all this in email, do I have to give her money back?
Asked on Dec 17th, 2012 on Landlord and Tenant Law - Massachusetts
More details to this question:
I had someone rent my garage. We used email for most of our communication. She agreed to my rental terms, she told me the dates she wanted, came over to drop her car off and paid me for her time in advance. Now, she wants me to refund her. I have been trying to find someone who will take her place so I can refund her, but this time of year, it's pretty hard. Most people have already made other arrangements for the school year.
3 ANSWERS
It depends on what the e-mail messages say. You'll need to have a lawyer review the e-mail chain.
Answered on Jul 07th, 2013 at 10:38 PM
Even if you didn't have a formal lease, if you both agreed in a series of emails to contractual terms, then you have met the requirements for an agreement in writing. The agreement was ratified when the woman came and gave you money. You have met your duty of attempting to mitigate damages by trying to find another renter. So, you should not have to refund the money.
Answered on Dec 19th, 2012 at 1:50 PM
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Courts have held email communications to be valid contracts so long as all the necessary terms are enclosed and the parties agree. You can hold her to this.
Answered on Dec 19th, 2012 at 1:50 PM