Legal Question in Landlord & Tenant Law in California

Re: Rent

I cannot add to, or subtract from Mr. Shers' answer. Also, you have not indicated whether there is a problem already, or that you even anticipate one. Follow Mr. Shers' advice, and you cannot go wrong!

Re: Rent

Civil Code 1624 reads, in part, as follows:

1624. (a) The following contracts are invalid, unless they, or some

note or memorandum thereof, are in writing and subscribed by the

party to be charged or by the party's agent:

...

...

(3) An agreement for the leasing for a longer period than one

year, or for the sale of real property, or of an interest therein . . .

She may argue that you all entered into an agreement to lease her property for more than one year, thus any such agreement, in orde to be binding, had to have been in writing.

It seems that your argument would be that your oral agreement to lease never specified a term of more than one year, therefore, this statute would not apply.

Just thought you should be aware of this code section.

Re: Rent

With some exceptions that do not appear to apply in your case, an oral contract is as binding as a written contract, it is just much easier to prove what was agreed to if it is in writing than if people have to testify from their memory and were they may disagree with what they individually, honestly recall. It is to everyone's benefit to have the agreement in writing because memories fade, people remember what is more favorable to them, and people die. Would you expect her heirs to believe the wonderful offer she made you? Also, if that was the sum of the agreement, much is not covered. Who is to pay for the materials, does the rent freeze last until you die or she dies, is your husband a contractor who might have to give her a written estimate [not charging her anything so probably not], what if the IRS decides to charge her imputed income for tax purposes because she is giving you a gift, etc. If you still are on good terms with her, figure out what you would want, what she would want, what is needed to protect both of you, and then sit down with her and prepare an initial written agreement and think about it and then a final agreement.