Legal Question in Landlord & Tenant Law in California

Is a verbal contract binding ?

I have been living with my roommate for two years. I moved into her apartment when her roommate moved out and never was onthe lease. In February, she informed that her boyfriend was moving in in Jan of 2006 and I would have to move out by then. Then, in June, she told me he would be moving in by July but that I could still stay until January. Just this week she has informed me that she has changed her mind and wants me to move out ASAP, even though she said I had till January. Can she boot me out leagally or is our verbal contract binding? How can I prove it?


Asked on 8/18/05, 1:29 am

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Is a verbal contract binding ?

She cannot exercise self-help. She'll have to give you a written 30-day notice to move, and then file an unlawful detainer against you. How can you prove an oral agreement? Good question. It's your word against hers. That's usually why landlords have written leases with tenants, so there's no question about a person's veracity. Do you want to live where you're not wanted, especially with a hostile roommate? That's what it really comes down to. Try to negotiate a deal where you can have some time to look for a new place.

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Answered on 8/18/05, 3:17 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Is a verbal contract binding ?

Since you do not have a written agreement, you would most likely be considered a mont-to month tenant. Since you have lived there for more than one year, she is required to give you a 60 day written notice to terminate the tenancy. After that, you will need to move.

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Answered on 8/18/05, 12:46 pm


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