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  1. #1
    Join Date
    Sep 2012
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    1

    Default How Much Notice Do You Have to Give to Move Out Without a Written Rental Agreement

    My question involves landlord-tenant law in the State of: California

    My son rented a room in a 4 bedroom house, where his buddy/friend lived with his mom. The mom was going to lose her home. The mom never spoke to my son about the financial arrangements; everything was funneled from the mom to his buddy/friend - no written or verbal agreement directly with my son and the mom. In reading the DCA Landlord/Tenant handbook (pg 14) it does indicate that "if" there was a verbal agreement between both parties then the landlord must have provided a statement of financial obligation for the verbal to be honored (even though a verbal was never made directly between the landlord and my son) - please confirm (question #1). While no verbal agreement/contract was made between both parties, note that no statement was ever provided by the mom (landlord) to my son. My son decided to move out in April (since no written or verbal contract, he provided a 10 day notice with a prorated final payment to the Landlord). The landlord (mom) did accept the prorated check, she deposited it and was paid by the bank within 7 days of check writing, constituting acceptance of the agreement. Based on no contract, was the 10 day notice more than sufficient or required to provide upon move out (question #2). The landlord has since taken my son to small claims court for the balance and then some extra. We are standing more on principle than the money issue primarily - just doesn't seem logical. Just needed confirmation on both questions above. The DCA handbook does not go into detail with regard to no contracts involved. Thanks very much!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: How Much Notice Do You Have to Give to Move Out Without a Written Rental Agreemen

    If sonny-boy was paying his rent on a monthly basis, he owes 30 days notice.

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