Legal Question in Landlord & Tenant Law in California
I moved in with my boyfriend upon a verbal agreement that I didn't have to pay rent or utilities since I was relocating from orange county to central coast and took over a half cut in pay and changing careers. I have been residing at his home for 9 months and have since gotten rid of all my furniture at the request of him to accommodate his home. Many of my things have also been damaged by him and are not replaceable.
We are in the process of splitting up and he has tried to throw me out of the house with no where to go on several occasions. In the process, we have argued he has become verbally abusive on a daily basis and has been physically abusive in the past which I didn't bother to report. I stayed away for a couple of weeks and no longer have a place to stay so I agreed to move into the front room to have my own space so I can focus on school and work while I save money to relocate back to orange county after I find work there.
I feel he is partially responsible for bringing me here and is now trying to leave me with nothing. I have documented all my expenses and difference in income and have asked him to meet me half way and help me financially so I can move out but he is refusing.
What rights do I have regarding our verbal agreement?
1 Answer from Attorneys
The first question that arises after reading this scenario is, "What consideration did you provide to your boyfriend in order to reside at the premises if you didn't contribute money toward rent or utilities?" Absent some form of recognized legal consideration, it is highly unlikely that your status at the premises was anything more than as a guest. Was there a written agreement signed by the landlord allowing you to reside at the premises rent free? Was there a written agreement between you and the boyfriend recognizing your status as a tenant and assigning a term to your tenancy? Probably not.
Furthermore, the California statute of frauds requires any contract pertaining to an interest in land to be in writing. It doesn't appear from the facts that you have presented that a written contract was executed. The final question about this scenario pertains to Rent Control. Is the subject premises covered by a Rent Control Ordinance? If so, then protections for your situation may exist. It is in your best interest to contact an attorney. Feel free to contact us via our website at www.higagipsonllp.com.
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