Legal Question in Landlord & Tenant Law in California

Re: Roommate Verbal Agreement

Verbal agreements are as binding as written agreements. They are contracts. but, of course, verbal contracts are much harder to prove.

If you cannot reach a satisfactory agreement, you should take her to small claims court.

Re: Roommate Verbal Agreement

I'm sorry to say that as a general rule, all she is required to do is give you notice that she intends to terminate her tenancy, and pay her rent through the end of her tenancy. As for using her deposit for the last month's rent, you can object to that - that deposit is intended to cover you in the event that she damages the property prior to leaving, not to cover her last month's rent. Demand the rent for the last month, at the beginning of the month, and if not paid, give her a three (3) day notice to pay rent or quit. If she doesn't pay or leave, you could go to the expense of evicting her through the courts, but I'm not sure you want to incur that cost, and without a written contract, you cannot recover your attorney fees for the eviction. Finally, when she does leave, make sure you comply with the laws regarding security deposits - in no more than 21 days from the date on which she surrenders possession of the property, you need to return her entire security deposit, or send her an itemized statement of how that money was used to repair damage she caused to the property. If you fail to comply with this requirment, you could end up owing her a lot more than just the security deposit.

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