Legal Question in Landlord & Tenant Law in California
Subleased a condo from my mother 5 years ago. A year later she wrote the landlord a letter releasing herself of any responsibilities to the property. The landlord has never had us sign a lease. He sold the property in August of this year and we now rent from the new owners. The previous owner is suing us for back rent. Are we legally obligated to pay because we had no lease? Or is he within his rights to collect based on verbal agreement?
2 Answers from Attorneys
You had a lease; an oral agreement to rent is an oral lease agreement, as opposed to a written agreement, but they are of the same force and effect [it is just easier to prove the terms of a written agreement]. So the prior owner can sue you for back rent unless they transferred that cause of action to the new owner [you would need to check with them].
There is one very important caveat to Mr. Shers recommendation. Any time that a tenant and a landlord agree to the lease of a rental unit for more than one year, the agreement must be in writing. If such an agreement is not in writing, it is not enforceable. See Code Sections 1091, 1624(a)(3).
I notice you are in San Diego, if you would like to discuss this further or if you have any additional questions, please feel free to contact me by phone or email.
Regards,
Bryan
Becker Attorneys
1205 Prospect Street
La Jolla, CA 92037
877.201.8728
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