Legal Question in Real Estate Law in California
Are the Cards in Her Favor?
Jeff and Joanna are strictly roommates. Both are on a month-to-month rental agreement. Sometime in May of 1996 Jeff tells Joanna that he will be moving out in 2 months. Nine days later, Joanna is informed from the manager that Jeff is moving out today, which turns out to be 9 days later from the time Jeff gave his 2 month notice. Jeff moves out.
In May of 1998, 2 years later, Joanna decides to sue Jeff for his share of the rent for two months on the basis that he made an oral agreement with her that he'd move out in two months. Does Joanna have a strong case?
1 Answer from Attorneys
The statue of limitations
The statue of limitations on an oral contract is two years. That is the first problem. He better check his watch and run to the courthouse.