Legal Question in Landlord & Tenant Law in California
verbal agreement to sublet
I verbally agreed to rent 100 sq ft of shared studio space on 11/1, and gave the woman a check for 1 mo rent and deposit. By 11/2 she changed many terms, restriciting my use, space, and access so that it didn't match my needs or her advertisement for the space. She didn't return my email or call suggesting a solution or asking for my rent back, so I put a stop payment on my check on 11/3. By 11/6, she wanted to keep 1/3 of the rent and the whole deposit and has threatened me legally. Am I responsible financially to her? (Also - her lease prevents her from subletting, and this was supposed to be an undercover agreement.)
1 Answer from Attorneys
Re: verbal agreement to sublet
A verbal agreement is as binding as a written agreement, just harder to prove.
Is there anything in writing? Any witnesses?
Otherwise, it is your word against her word!
You should not be responsible, based on your statements, as well as her not being permitted to sublet.
Please feel free to e-mail, or call, my office if you need more.
Good luck!