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View Full Version : Can a verbal lease be binding in ca for renting a property


stephenjennifer
Aug 26, 2010, 05:59 AM
I have been in contact with an owner about renting their condo. A couple days before we moved in they sent us the lease. We have allergies that we did not inform the landlord about because we have been extremely busy. My husband just wanted the air ducts cleaned. Now the landlord is saying he is doing that and changing the carpets, BUT at our expense. We HAVE NOT signed the lease yet, but we did have a verbal agreement until this that we were ready to move in. We will not pay for this stuff done to the place.
Please tell me what our right are.

smoothy
Aug 26, 2010, 06:14 AM
Sorry but as long as the carperts are visibly clean and decent condition and the walls are freshly painted... you can't demand NEW carpets or even air duct cleaning at HIS expense. THey are well within their rights to tell you they will do it if YOU pay for it.

The costs to replace carpets that don't need to be at a whim will not be recouped in a years time (the only guanantee you won't pack up and leave when it expires) over and above other actual costs. So it is not reasonible to expect new ones at his expense.

He owns the unit.. and as long as he provides a habitible unit within the guidelines of the law.. and terms of a (written lease) he is entitled to make money doing it. Not lose it bending to every demand a tenent makes.

While some localities might hold a degree of validity on oral agreements... many don't, you would have the burden of proof as to what was or wasn't promissed, and its always the word of one person against another. A written contract that is signed is not so ambiguous.

ballengerb1
Aug 26, 2010, 08:44 AM
Duct cleaning is not a regular or normal practice for most homes. Due to your allergy concerns you may desire it but it is not done at the owners expense. Now the carpet is something else. Did you ask him to replace the carpet, if so its on you. If you never brought up carpet and he just went out and did it then its hios dime