Legal Question in Real Estate Law in California

Re: Verbal rental agreement

Small claims judges are somewhat unpredictable and they tend to decide cases like this on the basis of their impressions of the honesty and fairness of the parties before them rather on strict principles of law. Of course, they apply the law too, but rather loosely at times.

Therefore, it is difficult to give you an answer that will accurately predict the outcome. I strongly suggest you try negotiating with your sister, perhaps with the assistance of a family member or friend that both of you trust as a mediator or referee. Try to save the family peace; that may be more important to you in the long run than a month's rent or two.

Legally, oral contracts for short-term rentals are binding and enforceable, but proving the terms of such contracts in court is challenging. Also, there is a question here of whether you got your money's worth in terms of use, or if you are entitled to a refund, exactly how much.

A final complicating issue is the underlying lease for the place, whether it permits subleasing or assignment, and whether some occupancy limit was exceeded by your family size.