Legal Question in Real Estate Law in California
Change of Rent
We finished our lease in Feb and due to the economy we requested lower rent. The landlord approved it orally.
We've been paying the new reduced rent for 3 months without any question. Now we decided to move and gave the landlord 30day notice. After 2 weeks, she gave us 3day Notice of Rent pay or Quit Notice. Asking us to pay the difference of reduced rent for last couple months. There was no new lease so we considered the new rent was month to month.
As a fact we forgot to get a writing approval from her when she approved our reduced rent. But why she accepted the rent for 3 months and now she dare say never proved it.
What are we gonna do? pay for the rent difference or seek lawful advice?
1 Answer from Attorneys
Re: Change of Rent
Tell her that you have a oral contract supported by her accepting the lower rent for 3 months.
Don't worry about the 3 day notice. She would need to spend more money filing an unlawful detainer action than she would probably get in the additional rent.
She may file a small claims action against you after you leave, but I think that you could defend that.
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