Legal Question in Civil Litigation in California

Am I legally responsible to pay?

I am a college student who came into a rather sticky situation. I attend UCSB and came into a one year lease contract, replacing a housemate that never signed the lease, but gave the deposit money and last two months rent to the management company. I spoke to the ex-housemate over the phone and said I would pay her the deposit by the end of January and the last two months, respectively when the time came. I am no longer living in the apartment, and though I did sign the lease, there is a fee I paid to end my contract with them early. I must include that there was no written agreement between us, though I did speak to her over the phone. Am I bounded by my word? Her parents are threatening small claims court, I just need to know if I have any ground to stand on. Thank you for your time.


Asked on 1/06/08, 11:50 pm

1 Answer from Attorneys
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Am I legally responsible to pay?

Facts not very clear; I offer not opinion on your specific situation. Oral agreements are, however, generally enforceable, with a number of exceptions, just harder to prove. You seem to be going on the assumption that nothing in writing means no agreement, which is a popular misconception, but not the case, unless an exception requires something in writing.

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Answered on 1/08/08, 11:23 pm


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