Legal Question in Real Estate Law in California

Landlord stated he wanted a 6month lease and asked for all six months rent before i moved in, in the form of post-dated checks, which i gave him. No written lease. Now he has served me 30-day notice to quit what he NOW calls a month-to-month tenancy. Can i stay until the end of my 6 months? He returned my uncashed checks for remaining months with a big VOID written on them. What do i do if he tries to evict me? i am renting a room in CALIF.


Asked on 6/04/12, 6:50 pm

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

Well, technically a 6-month oral lease is valid and enforceable, and in addition the checks, now in your possession, would probably be admissible in court as written evidence of the parties' original intent. However, you don't mention whether the landlord has some good reason to evict you now. Before you get too demanding, consider why he wants you out -- drugs, maybe, or some other illegal conduct? You could get your back up and resist the eviction on the strength of an oral lease if you have done nothing wrong, but, on the other hand, it might be simpler and more pleasant to make you move now rather than in a few months.

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Answered on 6/05/12, 9:01 am


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