Legal Question in Landlord & Tenant Law in California
What rights do I have on a verbal rental agreement?
My girlfriend and I rented a house from people we thought were our friends.Since we moved in about a year ago, its been a nightmare. before we moved in, we all came to an agreement that the garage and the sheds in back could be used to store their sons ( who at the time was incarcerated ) belongings. We were still allowed to use the garage to do laundry and for storage space as well. Well shortly after we moved in, the son made bail. This was an surprise to everybody. Well since he got out, it has been a nightmare for me and my girlfriend. we both have full time jobs and get up early in the morning. Since he got out, he has taken over the garage completly and has forced us to do our laundry in the back yard. And that too has been taken over by golf carts, trailors,bikes and whatever else he stole durring the night. He gets stuff and brings it in the yard and hangs out all hours of the night, waking us or keeping us from sleep. We've brought this up to the landlords time and time again, but nothing was done. I stopped paying my rent, and now they asked us to leave. No written notice or anything. Im now writing this from a friends house, cause they are packing my stuff for me to get. Who's in the wrong? What can I do?
3 Answers from Attorneys
Re: What rights do I have on a verbal rental agreement?
regardless if they are your friends or not, a landlord cannot use self help to "evict" a tenant. they must do so thru the legal unlawful detainer process, even if the rental is month to month. so, you do not have to move, however, you would not be allowed to do a rent abatement without doing so under "constructive eviction" guidelines. if you would like further assistance, contact us today.
Re: What rights do I have on a verbal rental agreement?
Call the police for the thefts, they'll take care of the Parole-breaking nightmare in your back yard.
For you, the best (and path of least resistance) is to move and sue the landlord for the difference in the rent and for moving costs.
I know this is probably not what you want to hear, but the reality is that the time and expense of fighting to get this person removed/evicted may not be worth your time and aggrivation.
Re: What rights do I have on a verbal rental agreement?
Verbal rental agreements hold most of the same rights as do written agreements. If you paid rent to live there, you have all the rights as any normal tenant would have. However, if you fail to pay rent they can evict you. They cannot, however, move your items out into the street; this is know as an unlawful eviction and would subject them to substantial penalties. I have handled many cases similar to yours and my best advise to you is to move if you want to remain friends. If you sue or fight the friendship will probably end.
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