Legal Question in Landlord & Tenant Law in California

Is handwritten rental agreement valid?

I put down depsosit for leasing a house and also sign a handwritten agreement of how much for renting and 6 month lease term with one of the owner( was not told at the time there is a co-owner).

The agreement paper is in vietnamese because she does not read and write english.

Is this handwritten agreement is valid as a offficial form of leasing agreement?

I have two more weeks to move out of my apartment and just got a call from her state that her brother( may be her co-owner) is out of country call and ask for my credit verification before leasing it to me. Can she refuse to lease the house to me for any reason even after

signing the handwritten agreement on a receipt sheet in the presence of her sister in law?

What can i do if she return my deposit after cashed my deposit check and do not let me move in as pronmised by the end of May when i have tomove out and have not much time left to look for new place.

thanks


Asked on 5/16/07, 4:22 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Is handwritten rental agreement valid?

Hard to answer because this is a bit complicated. E-mail me if there are more facts, or I misunderstand. I would need to look at the translation, but let's assume it is a valid 6 month lease. (There is no magical perfect form for a lease----most of the time you and landlord are exchanging mutual promises which is a contract). I would have to see the writing (translation) regarding your deposit, and the credit verification. You can always sue for breach of contract (in small claims court). The question is whether you will win. I would get started by talking to the owner you have talked to, and, if you are not satisfied, insist upon an immediate refund. Good luck, and let me know if you need more advice. Frequently, matters such as this are settled with an attorney's letter.

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Answered on 5/16/07, 5:26 pm


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