Legal Question in Real Estate Law in California

verbal agreement

I needed a place to live while going to school, and quickly. I had been told repeatedly university housing would be impossible to have, so when I found a place at the last minute I wrote a check for 1300. This was after a verbal agreement had been made, 650 a month with one months notice if I were going to move out. The next day, the first day of classes, I found out there was university housing available and took it. I moved out that day but lost 650 dollars, no contracts had been signed. The people I rented from said that they had someone else who was interested, but they turned him away because I was moving in. In court would there be any way to get the last half of my money back?


Asked on 9/23/02, 7:22 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: verbal agreement

If the second month has not begun then you can play your landlord at his own game. Tell the landlord, "Oh well, you got me, after all, we got this verbal lease. I guess I will just have to live here. I am going to make this my party house--hope you don't mind." Then make it look like you are moving in. Put in a very loud stereo and play it very loud late at night, then call your landlord and say that you are a tenant who does not want to reveal yourself, but that the neighbor (you) is a real trouble maker. When the 2d month begins, DO NOT pay your rent. Now the landlord, if he truly is a good person will not do anything until the second month is up--in which case you lost your $1300. But I have yet to meet any landlords who are good people, so you won't have to worry about this. The landlord will post a 3 day notice to pay rent or quit on your door. Turn the keys over to the landlord within those 3 days. Wait 21 days, and if your landlord does not give you your deposit back minus rent due up to the day you turned over your keys, sue him for triple damages in small claims court. Hey, this holding someone to a contract goes both ways, doesn't it?

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Answered on 9/24/02, 1:53 am


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