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Re: "Sonny's" 2 Month Oral Notice to "Cher"

McGurgles McKee posted in the TenantNet Conference Area

Dated : May 24, 1998 at 21:22:38
Subject: Re: "Sonny's" 2 Month Oral Notice to "Cher"

: "Sonny's" roommate left. Sonny needed a new roommate to share the apartment he was living in. He found her, "Cher." They lived together about a year on a month-to-month written agreement with landlord. One fine, sunny day, on May 15, 1996, Sonny told Cher he would be moving out in 2 months. On May 22, 1996, Cher found out from manager that Sonny would be moving out on May 31, 1996. Cher confronted Sonny about the sudden leave and Sonny, in a "whocares" attitude, confirmed that it was true. Despite Cher being upset about the sudden move, Sonny moved out on May 31, 1996 leaving Cher with 2 month's rent.

: Sonny harrassed Cher until she signed a written promissory note saying she'd pay him back for the $450 deposit on the apartment they shared together. Cher wrote him a check for $100 and then $25 towards the $450 deposit that Sonny signed over to Cher when in moved into an identical apartment within the same apartment complex.

: A year later, Cher moved into another apartment in another city. After several unsuccessful attempts to contact Cher by phone, Sonny sued Cher for the $350 in Small Claims court and won.

: Cher never attempted to contact Sonny about the $350 she "owed" him, because she figured that that $350 was hers since he gave her 2 months notice and moved out 16 days later.

: Here's my question:

: It seems as though Sonny gave Cher a 2 month oral agreement that he'd be moving out in two months. Instead, he moved out in 16 days, leaving her with two months' rent ($300 x 2 months = $600). Today, almost two years later, wouldn't Cher have a good chance of winning in either small claims court and/or on appeal if she sued Sonny for $300 x 2 or $600? This took place in California. Sonny died. Forget it.

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