BLS Research Paper-- edited

BLS Research Paper-- edited - Roxsand v Linda Ohio Court of...

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Roxsand v. Linda Ohio Court of Appeals Jasmine Hill Alina Jais
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Roxsand leased an apartment to Linda for the term May 1, 2003 to April 30, 2004, at $800 a month “payable in advance on the first day of each and every month of the said term”. At the time the lease was signed, Linda told Roxsand that she received her salary on the tenth of the month, and that she would be unable to pay the rent before the date each month. Roxsand replied that would be satisfactory. On June 2, with Linda not having paid the June rent, Roxsand sued Linda for the rent. At the trial, Linda offered to prove the oral agreement as to the date of payment each month. Hill Jais, Appellate Judges. There was a valid contract made between Roxsand and Linda for the lease of Roxsand’s apartment. Linda and Roxsand then made an oral modification to this lease. It has been determined that the oral modification was made after the lease had been signed therefore falling outside of the parol evidence rule. In the state of Ohio, the test use to determine if a lease has been orally modified is if it passes the unequivocally referable test. If it can be proved that both parties made actions based on the oral modification then that is sufficient evidence of the
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This note was uploaded on 11/23/2011 for the course BLS 342 taught by Professor Miller during the Summer '08 term at Miami University.

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BLS Research Paper-- edited - Roxsand v Linda Ohio Court of...

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