Legal Question in Real Estate Law in California
Breach of oral move-in contract
On April 21, my girlfried and I agreed to rent a small house from a landlord. The lady told us that we would have to deposit our check and first month's rent within two days, and that our move-in date was May 1. Now she refuses to rent to us. She says she has changed her mind. Can we take her to court for breach of oral contract? Thanks
1 Answer from Attorneys
Re: Breach of oral move-in contract
You're not going to get a small claims nor other court to grant you specific performance (force the landlady to rent to you). So you'll have to prove your money damages. And it is your duty to mitigate your damages. You are to make them as little as possible and you're required to do this. There is so little money involved that your time spent in court is better spent elsewhere. This answers assumes that you in fact had an offer, acceptance, and consideration plus all the other asundry things that make a contract binding.
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