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  1. #1
    Join Date
    Nov 2007
    Posts
    3

    Default No Rental Agreement or Contract in California

    I verbally, nothing in writing, (I know I know) agreed with a friend that I would stay at a home he inherited to watch the place. I paid him rent monthly and have for over 2 years.

    Sparing the boring details I'll cut to the chase. He now wants to give a 3-day notice for late rent and go to court.

    My question is if there was never a rental agreement, contract or even receipts of previous payments made how can he give a formal notice or how can he prove how much is owed. I could say that the rent was only $10 a month - how could he prove otherwise?

    Since our relationship wasn’t the formal "landlord-tenant" type, I would do alot of repairs out of my pocket so he wouldn’t have to travel or worry about a thing and in turn he would work with us on our late, very late rent payments. Again this was a verbal agreement between us; we were fine with this arrangement.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,434

    Default Re: No Rental Agreement or Contract - California

    My question is if there was never a rental agreement, contract or even receipts of previous payments made how can he give a formal notice or how can he prove how much is owed. I could say that the rent was only $10 a month - how could he prove otherwise?
    but how can you prove the rent wasn't $5000/month.

    I would suggest a judge will look to somewhere around market value as the magic number if he finds in favor of the LL. He may simply tell the LL he should have something in writing and since he deosn;t then he won;t award him anything but you are still moving out so pack your bags.

  3. #3
    Join Date
    Jul 2006
    Location
    Ohio
    Posts
    1,126

    Default Re: No Rental Agreement or Contract - California

    I responded, on another forum, that OP has proof of rental payments, as does the LL.

    I also responded that the repairs have nothing to do with the late rent, and that the LL is likely looking for a tenant that will pay rent on time.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: No Rental Agreement or Contract - California

    Right. The rent can be established by the two year payment history.

  5. #5
    Join Date
    Nov 2007
    Posts
    3

    Default Re: No Rental Agreement or Contract - California

    Thank you all for the help...Very Much Appreciated

    Let me further explain...There is no proof whatsoever all rent was paid in person my hand to his hand with cash and no receipt, no witnesses.

    We are still in good speaking terms and I am not trying to dodge paying him. I will pay what I owe, just not on time.

    The conversation we had concerning rent money was something to this effect. I am having financial problems and he said its ok I understand and I will work with you on this. I said it might be a while before I can pay you. He said well that's ok. And it has been that way for about 9 months now pay nothing for a few months and then catch up with a big lump sum. And get behind again.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,434

    Default Re: No Rental Agreement or Contract in California

    Well, since you want to claim there is no rent at all, then he is simply going to evict you. You can shuck and jive all you want but if you want to stay there, you are going to have to pay up.

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