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jewelz24 · Dec 13, 2006, 10:07 AM

I have a tough situation. I rent from a woman who owns a house and built a cottage attached to a garage, separate from the main house.

In Sept 2005 I agreed to rent the cottage on a month to month basis, 1 year lease. I gave a first + Last month + $800 security deposit. When I arrived to give the deposit, the landlady said she forgot the lease papers but would get them to me. She never did this. I requested them numerous times throughout the year.

In March/April 2006 we had very bad rain and there was damage to the bathroom wall/ceiling and the kitchen ceiling. I asked her to check it out. She did and said she'd have a contractor come out to get an estimate and fix it. Then the mold started appearing behind the toilet and in the skylight in the bathroom. I informed her numerous times.

In July 2006 she entered my cottage without giving me any notice. I only found out about it because she called to let me know she did it and she was concerned about a few things she saw (the house wasn't picked up, but nothing illegal going on whatsoever). I told her to never do it again, it was illegal.

In August we again agreed to renew the lease for another year and she promised to send me the paper work. I have requested the paper work every time I mail her my check. To date she has not cashed my rent checks for August, October and November.

Yesterday she called me finally and informed me she is renting the front house to a new couple and they have a son going to the local univ. and he wants to live in the cottage so I have 30 days notice to vacate by Jan 12, 2007.

Can she break the one year lease even though its only verbal?
She hasn't fixed the mold or the damaged walls/ceiling or given me any indication when she will do this.
She hasn't given me the lease agreement yet
She didn't give me a written notice to vacate.
She told me to not pay rent for Dec because I already gave her lasts months rent with deposit.

I was planning to move at the end of the lease in August and don't have the finances to move right now.
Can she break the lease?
Do I have to move?
What can I do to make sure my things are not thrown out or that she enters my cottage again?
Can I let her know I will try to find a new place before Sept 2007, but can't give a definite date to vacate?
Can she terminate the lease just because someone else wants to live there?

Thank you in adavance for your help and knowledge.

Jules

ScottGem · Dec 13, 2006, 11:09 AM

Sorry to tell you but there is no lease. You have nothing signed by you or the landlord to indicate a lease is in effect. Therefore, you are on a month to month basis which can be terminated by EITHER side on 30 days notice.

jewelz24 · Dec 13, 2006, 11:10 AM

Doesn't she need to terminate in writing first though?

ScottGem · Dec 13, 2006, 11:12 AM

You can check CA law using the links posted in the stickies at the top of this forum. But I don't think its absolutely necessary.

jewelz24 · Dec 13, 2006, 11:20 AM

I have checked California law. Verbal leases are acceptable and termination needs to be in writing. I'm wondering if she can terminate simply because another person wants to rent. And if I can ride out the rest of my lease till sept.

ScottGem · Dec 13, 2006, 11:24 AM

I already answered that. Yes verbal leases are OK, but you have nothing showing the term of the lease. Therefore, you are considered on a month to month lease which can be terminated on 30 days notice. So you ask her for a written notice. She gives you one dated from 12/12.

If you don't vacate she will evict you. You can try reasoning with her and buy some more time, but the bottomline is you move or get evicted.

Fr_Chuck · Dec 13, 2006, 11:53 AM

Yes verbally all you have is a month to month lease. And she can give you a 30 day notice, Most likely why she never sent you a new written lease.

And the only issue with verbal, is that it is a I told, she said, they said, with no proof of anything.

Cvillecpm · Dec 13, 2006, 12:05 PM

Yes - a holding for a year or longer must be in writing so she can give you a 30 day notice.

You should not have told her not to come into your home and that it was illegal because IT IS NOT ILLEGAL... IN FACT you asked for repairs so she can enter.

Get out by the 12th, do a walk-through to document the condition and wait 21 days for your deposit.