Legal Question in Real Estate Law in California

i had a girl living with me paying rent to myself however she was never on the lease. we did not get our bond back and i have aditional damages costs off over $800 plus gas and electricity fees off $900 which i paid for all. she now wants her bond of $300 back as well as saying i over charged her rent which is an additional $200. she was never on the lease nor did she sign anything. it was a verbal agrement to as what she would pay. can she take this futher and if she does will i be liable to pay her??


Asked on 2/15/10, 4:15 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Yes, she can take it further (Small Claims Court) and if she does, whether you'll be liable to pay depends upon who wins in court, and I cannot predict the outcome from the facts given, but the fact that your sublease arrangement with her was oral does not prevent it from being enforced, it just makes it more difficult for her to prove its terms and thus establish your liability. On the other hand, the fact that your agreement is not in writing makes it more diffucult for you to prove facts relating to any defenses you may have.

I would say that if she produces several canceled checks written to you and dated about a month apart for, say, $400 each, the judge will porobably believe this is the agreed-upon rent. Other papers may exist which one or the other of you could use in court, if it goes that far, to help prove your versions of the facts.

If the utilities were in your name (as shown on the bills), it is likely the judge will hold that you were responsible for paying them.

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Answered on 2/20/10, 5:41 pm


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