Legal Question in Landlord & Tenant Law in California
Void contract/ contract defenses and validity.
In the state of California, is there any way a text message via cell phone may be considered a valid contract?
Say two persons are on a lease for a year with an apartment complex. If one of the persons legally on the lease states via a text/ SMS message that they are moving out before the lease is terminated -even though still bound to to the lease- may the other individual who is legally on the lease as well take that person to court for not actually leaving as stated in a text message? Mind you, no response was made to the SMS message of the accused sender of the 'offer' to move.
1) Nobody can prove the accused actually sent the message themselves.
2) Nobody can prove -even if the person did send it themselves- that they were not intoxicated.
3) Again, there was never a response given for this 'contractual offer' to exist as acceptance/ consideration.
4) This is a very stupid question, but a person swears that is a legal contract.
1 Answer from Attorneys
Re: Void contract/ contract defenses and validity.
Contracts merely have to be a communications between the parties; many contracts are verbal. With a few exceptions, such as the sale of real property, the only difference between the two is that a written contract is easier to prove as to its existence and terms. The items, such as being drunk, are defenses the other person must prove; merely "being drunk" does not mean you do not udnerstand the terms of a contract as that terms does not discribe the degree of mental impairment.
Even if a contract is breached, one must show damages. If I understand the facts correctly, one tenant wanted to illegally breach the terms of the lease and then changed their mind. What are the damages? Why is the non-breaching party upset?
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