Legal Question in Real Estate Law in California

Hello,

I have a question re: California Real Estate Law.

We rented out an apt. A standard lease document was drawn and signed by the parties (my spouse and the leasees). The tenants wanted modifications. My wife initialed the modifications and so did the tenants. The tenants never paid the full deposit. The only other document was a simple schedule of what was paid against the deposit (the lease also had mention of initial payments). The lease and what is common in the industry was that rental payments were to be made on the first of every month. The tenants have never met this.

After months of 'demands' by the tenants and other initializations on the lease which the tenants have possession of, the tenants say they have NO lease.

Now it is winter and 'acts of G-d' intervened. We have had terrible rain storms and an inevitable leak has happened. We have sent contractors to fix the problem. A second contractor was called due to the unreliability of the first contractor to fix the leak. We have tried as we could to prevent further leaks. Alas, leaking still occurred during very heavy rain falls (the apt. is in Northern California).

All we wanted was the tenant to complete their obligation just to pay on the 1st of the month and pay the balance of the security deposit.

In the interpretation of Landlord-Tenant real estate law, we have the 'four corners' of the lease and the list of payments against the security deposit. We also have the intervening 'act of G-d'. Additionally, we have our intent that the document is the lease.

What are the latest rules on Parol Evidence?

Was a lease formed? If not, is there just a month-to-month tenancy?

Yes, I did go to law school, but I'm 'rusty' on current law.

We just don't know what to do and I might mention we really do have limited funds.

Please Advise!


Asked on 2/01/10, 6:59 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

As a lawyer and property owner in "94971," I know about leaks. Worst season for leaks in four or more years in my house.

If your tenants think they are month-to-month, why not call their bluff by giving them a 30-day notice?

Rules on parol evidence haven't changed much is 30 years.. It can be used for most purposes to explain or aid in the interpretation of a contract, and, unless there is an integration clause, to provide missing terms.

Nevertheless, I think the tenants' obligations are going to be decided here on a lot simpler and less technical grounds. If they are in the house, they are tenants. Tenants have to pay rent. There is a due date for the rent. Presumptions arise. If the tenants have initialed documents, there will be a presumption that these documents constitute the deal. Take them to Small Claims if need be. The better Small-Claims judges won't tolerate no theoretical malarkey. The quality of Small-Claims decisions is highly variable, but the chances are the judge will tell the tenants to pay up according to the obvious intent of the parties when they keys were handed over. Sophisticated theories about Acts of God and parol evidence don't trouble the Small Claims judges that much when parceling out justice. Good luck.

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Answered on 2/06/10, 9:40 pm
Melvin C. Belli The Belli Law Firm

Go get a copy of the movie Presidio Heights and a copy of the landlord tenant book from Nolo Press. Watch and read thoroughly and then evict them.

Good luck

PS I live in Northen California and my roof ( as well as a lot of other people's) doesn�t leak so that constitutes a defect under the warranty of habitability and a defense to paying the full rent.

Its not malarkey it�s the law.

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Answered on 2/06/10, 10:32 pm


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