Legal Question in Real Estate Law in California

Re: Apartment readiness legalities

A preliminary understanding about a future contract is sometimes enforcible in itself as a contract if it is sufficiently definite. Here's a test for you to apply: If YOU had rented another place instead of this one, and failed to come in to sign the lease, could the landlord have sued you for your failure to go through with the deal? If you're inclined to think "No way, man!" you have just admitted to yourself that there was no mutuality of obligation and hence no contract.

If, on the other hand, you really think the facts would have given the landlord the right to go after you and collect damages for your failure to enter into the lease at the appointed time, and you can convince a small-claims judge to see things your way, you have a chance.

The problems are that if you look at the situation squarely you will probably be forced to admit that you weren't in contract; and if you were, since the contract is oral it's your word against his the you have the burden of proof since you are the plaintiff.

My recommendation is to forget suing and negotiate with the landlord for temporary (maybe free????) use of some other space the landlord could make available while the intended unit is prepared. Could be the landlord has an eviction problem and the delay isn't really his fault. In any case, negotiation is preferable to threats and suits, especially if you really want to live there and in peace with the management.

Re: Apartment readiness legalities

Unfortunately, since no contract has been entered into, they had no contractual obligation to provide the apartment on the date orally discussed with them.