Legal Question in Real Estate Law in California

termination without lease still pay for 60 days?

My husband and I rent a room from his mother. We have been here just over 1 year and she has served us with a 60-day termination paper. We have no lease agreement. I do have rental payment reciepts with her and my signatures. Are we obligated to comtinue paying rent until we leave, or do we assume we will be able to hold the money to move with?


Asked on 1/15/08, 9:45 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: termination without lease still pay for 60 days?

You may not have a WRITTEN agreement, and it may be better termed a "rental agreement" than a lease, but you do have an agreement, and it is enforceable, should she choose to do so, to continue paying rent, and probably at the same daily, weekly or monthly rate as before you were given the 60-day notice.

In addition to written agreements, the law recognizes and enforces oral agreements, agreements that aren't even expressed but can be implied from the facts, and where there is no written, oral or implied agreement, it is even possible to sue for and obtain the fair value. Obviously, landlords and tenants are both better off with well written agreements because they are easier to remember, carry out, and, if necessary, prove and enforce.

You could probably avoid liability for the second 30-day period, or most of it, if you wanted to, by giving your own 30-day notice to her.

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Answered on 1/15/08, 11:00 pm


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