Legal Question in Landlord & Tenant Law in California

I have advised and sent certified mail to my tenant that I am terminating her occupancy (30 day) due to our personal disputes

I have bent over backwards to make this an excellent landlord-to-tenant relationship to include a new 46" TV, upgraded TV channels, turbo WiFi internet, electric fireplace, motion-sensor lighting, new bed comforter, all utilities paid; however, she still complains about the overall condition of the condo, including items she was aware of

upon her move-in. I spent a small fortune having it cleaned throughout the day before she occupied the unit and I feel I have every right to terminate her vacancy.

After examining our rental agreement, I discovered that I did NOT sign it (my careless oversight), so, in reality, our rental agreement is nothing more than "verbal".

A total of 7 previous tenants occupied this unit prior to her and NEVER any complaint!

Am I justified in terminating this and returning the security deposit?


Asked on 12/04/13, 5:44 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You cannot terminate a fixed term tenancy during the fixed term simply because you don't get along with the tenant. The fact that you did not sign the rental agreement does not mean the agreement is verbal, and a verbal agreement would be valid provided that the lease term was not longer than a year. You need to consult with an attorney in person, as soon as possible, as you may be mulcting yourself with civil damages.

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Answered on 12/05/13, 9:34 am


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