Need Renters Rights Advice, Please Help! (CA) (apartment, lease, tenant rights)

[npbrackett]

My husband I have been renting a home for 5 months, we never signed a lease or gave a security deposit. Everything was month-to-month verbal agreement only between me, my husband and the landlord. My husband and I told the landlord we would be moving in the next month or so [this was mid-march], by the beginning of April I was at a Realtor company looking for houses, in which the Realtor company called him to let him know... then 2 weeks ago I let him know face-to-face that I was moving. I had all my belongings out on April 30th and all utilities cut off. He is threatening to sue me for ''lack of intent to inform in 30 days'' for MAY's rent, when we all had a verbal agreement that I was leaving... and then threatening me for professional cleaning done to the house, when I cleaned myself.. but was never given instructions on what to clean and how, because there was no lease... I need advice, please help. We are not from California and do not know the Renters Rights or Laws. THANK YOU

[Donn2390]

You are required to give a written 30 day notice to quit the apartment. It would have been nice for him to inform you he needs the notice in writing when you told him, but he didn't. It was still your responsibility to do so.
As far as the proper way to get your cleaning deposit returned, you should have done a walk through with the landlord before you moved in, and when you were ready to vacate. On your exit walk through, the landlord could point out any condition that failed to meet his standards, and you would have had the opportunity to correct the problem. Both of those walk through should have been done with a check list, in writing, for the protection of both parties.
Even a month to month rental agreement should have been spelled out in writing. That would keep everyone honest and prevented what you are now involved in. If he takes you to court, you have zero paperwork to prove your case. If you would have had a written agreement, it would have spelled out conditions such as the necessity to provide a 30 day written notice, and all of the other thinks you are now haggling over.
Let this be a lesson, never do any business of any kind, with anyone, not even your mother, without everything spelled out clearly, in writing. That is common sense, and necessary to protect your rights. Look how much easier your life would now be if you had done so. If you had everything in writing, you would be ready for your day in court.
The thing in your favor is the fact that he, also, has nothing in writing. My guess if it went to court, it would be tossed out, as there is no written agreement on either side. It's "He said, she said" with no prove on either side.
Ask him to show you the written agreement you signed where you promised to give written notice, or pay for clean up. When he fails to provide said agreement, tell him to go pound sand..!!!
One more thing, your Realtor who verbally informed your landlord you were vacating, should have known the requirements...!
Good luck....

[havasulady]

Since nothing is in writing, don't worry about it. Tenants have more rights in CA.

It was his responsibility to have everything in writing and guess if you snooze you loose.

Have a nice move. Forget about it.

[aamazing75]

There is a California Tenant Rights publication you can find online that you should read through to get a basic idea of your rights. Just Google it. My husband and I rented a home in Rancho Cucamonga about 2 years ago and had major problems with the landlord, and ended up having to take him to court because he refused to give us our security deposit back. We won and recovered all of our money, plus the lanlord had to pay all of our legal fees. I don't think you have anything to worry about really, especially since you never signed a lease. Don't let the landlord try to bully you. I think some of them become landlords and "get off" on throwing their "power" over other people. Anyways, you also might want to look up the Inland Empire Fair Housing & Mediation Board and give them a call (they are located in Upland). We got assistance from them in handling the whole matter. Good luck to you, and I wouldn't worry too much, I don't think the b*stard has a leg to stand on and you should be entitled to get your deposit back.

[Ultrarunner]

IF and it is a big IF... the owner files suit and takes you to court... the burden of proof is on him...

True, rental agreements less than a year are not "REQUIRED" to be in writing, but without a written agreement, it will be his word against yours and the CA courts are definitely pro consumer/renter...

[Fighter 1]

Originally Posted by Ultrarunner

IF and it is a big IF... the owner files suit and takes you to court... the burden of proof is on him...

True, rental agreements less than a year are not "REQUIRED" to be in writing, but without a written agreement, it will be his word against yours and the CA courts are definitely pro consumer/renter...

ALL CONTRACTS MUST BE IN WRITING . What do you mean less then 1 yr. Real Estate rental laws state all contracts will be in writing to be inforcable . My advice .Get a good nights sleep the landlord has no grounds to stand on .

[MIKEETC]

No contract? No obligation to do anything. Tell him, "Bye, bye..."

[Ultrarunner]

Originally Posted by Fighter 1

ALL CONTRACTS MUST BE IN WRITING . What do you mean less then 1 yr. Real Estate rental laws state all contracts will be in writing to be inforcable . My advice .Get a good nights sleep the landlord has no grounds to stand on .

California Rental Laws are often confusing and just to make sure... I double checked to be certain the law has not recently changed or been amended...

In a nutshell...

An Oral Rental Agreement in California is legally binding on both tenant and the landlord, even though it is not in writing. However, in the event of a disagreement there will be no written proof of the terms of the Rental Agreement.

California Civil Code Sections 1091, 1624(a)(3) states any time that a tenant and a landlord agree to the lease of a rental unit for more than one year, the agreement must be in writing.

If such an agreement is not in writing, it is not enforceable.

Here's a link for the California State Department of Consumer Affairs for additional information... just scroll down midway to the section covering Oral Rental Agreements...

California Tenants - California Department of Consumer Affairs

[Fighter 1]

Originally Posted by Ultrarunner

California Rental Laws are often confusing and just to make sure... I double checked to be certain the law has not recently changed or been amended...

In a nutshell...

An Oral Rental Agreement in California is legally binding on both tenant and the landlord, even though it is not in writing. However, in the event of a disagreement there will be no written proof of the terms of the Rental Agreement.

California Civil Code Sections 1091, 1624(a)(3) states any time that a tenant and a landlord agree to the lease of a rental unit for more than one year, the agreement must be in writing.

If such an agreement is not in writing, it is not enforceable.

Here's a link for the California State Department of Consumer Affairs for additional information... just scroll down midway to the section covering Oral Rental Agreements...

California Tenants - California Department of Consumer Affairs

THANKS FOR THE POSTING IT SHOULD HELP MANY PEOPLE IN THE FUTURETO KMOW THEIR RIGHTS.

[Fernandez]

The home we were renting in Rancho Cucamonga, has been foreclosed. The property management company representing the new owner/bank has contacted us and we have been cooperative. They offered to lease but the price is higher than we can afford. The other option is to vacate. How much time legally should we receive to move?