Legal Question in Landlord & Tenant Law in California

Re: zero rent lease, but now eviction

As Mr. Bennett correctly points out, the terms "consideration" is very vague. One normally must look to the intent of the parties. If a landlord wants you to pay $2,000 a month in rent and you give him $10, that will not be sufficient to make the agreement binding. What you really are asking is whether the lease is binding or not,and for that the lease must be examined and all the details surrounding it revealed.

Contact Mr. Bennett with the information he requests so that he can help you. Also, why are you worried that the landlord might read what you posted on this site? You want him to know that you intend to fight the eviction, and seeing that you have posted something will demonstrate that to him.

Re: zero rent lease, but now eviction

Still, this cannot be answered without more facts.

Consideration can be in other ways than cash.

Without knowing more about your relationship with landlord, and why the lease was written as such, it is difficult to help you.

Reading between the lines, I assume you were romantically involved, the landlord presented the premises as a gift, the relationship went sour, and now landlord wants you out. Does that sound about right?

The lease also might possibly be deemed as a gift under certain circumstances.

Also, paying for part of the utilities may possibly be considered as consideration, although the law basically puts the word "sufficient" before the word "consideration".

I need you to e-mail, or fax, my office with a copy of the lease, and I need to know the exact circumstances of this situation, in order to help you.

I just don't have enough, and I cannot guess.