A couple of month ago, a tenant I have had for 2 years told me her freezer would not always seal when she closed it.  I went to the house and even though the fridge was only 3 years old, I told her i would swap out the fridge mainly to keep her happy.

Being busy, I told her I would be there with the new fridge but was unable to make it.  This occurred again.  If felt bad and said I would without fail be there on the following Wednesday or her next months rent was free.  These had been communicated in phone texts.  On the following Wednesday I did not have my handcart with me, I live about 3 hours from the house.  I called her and said I could be there if need be but would rather make the due date that Friday.  She said no problem.  On Friday I gave her the new fridge and left.  She never mentioned anything about the no rent for the month.  She had sent me a text on that Thursday about discussing her rent discount with a LOL appended to the end.

Today I texted her, asking if she had sent out my Nov rent, she  said no.  Was not going to because I had not deliverd the fridge on the date I had texted her.  I thought she was kidding.  She was not.  She followed up with a fabricated conversation, where her boyfriend overheard my saying, no rent was needed, when i delivered the fridge.  So I know she is playing me.

Where to go from here.  My thoughts.

I have been in court several times before for non-paying tenants.  I have listened to many tenants cry about this not working, on and on.  As we all know.  Judges I have seen take the position, if you don't want to live there, move.  While you live there pay rent.

Although I made the claim, She gave no consideration, in the legal sense.  I did not say, move in and I will do this.  Mine was more in the form of a one sided gift.  

I would expect the judge not to clearly determine what was agreed to, since some was texted and some was in phone conversation.  It is unreasonable expect you would not have to not pay rent over an intermittent fridge seal, that was fixed 2days past an agreed due date.  Plus I was in contact with her throughout that week.  Showing a notable effort to correct the problem.

I would like BPs thoughts.