Legal Question in Real Estate Law in California

Re: landlord's rights

What it sounds like we have here is a written lease with some oral modifications. This will present the court (and thus you) with two problems, one legal, one factual.

The legal problem is whether the oral modifications can be considered at all, or whether only the writing can be considered. The factual problem is whether the court will believe what you say were the oral terms, or what the tenant says. Without a writing, there is much more room for argument and questions of credibility, memory, what each understood, etc. will arise.

Whether the oral modifications can be considered at all (the legal question) will depend upon what the written lease says. If it clearly describes the property covered by the lease, any oral modification is more likely to be disregarded. If the description of the leased premises is somewhat vague, the court can resort to extrinsic evidence such as oral agreements to resolve the uncertainties.

Small claims courts are pretty informal and the judge is likely to follow his or her instincts rather than strict legal principles. This weighs in favor of the oral evidence being considered. If so, your job is to appear honest and credible.

The amount involved approaches what would be worth getting a lawyer's involvment. You can't be represented in small-claims court, of course, but that is no bar to getting advice beforehand on how to prepare and how to present evidence.