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    vinsanity's Avatar
    vinsanity Posts: 1, Reputation: 1
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    #1

    Oct 12, 2011, 05:44 PM
    Is A 30-day intent to vacate legal and bfonding when you have a verbal lease in Calig
    In California is an orallease legal and binding in small claims court. I had to move because of an emergency. Gave landlord verbal notice that I was moving, she agreed and asked when I would be out. I left on the 10th and she refuses to pay me my deposit saying that I didn't give her a 30 day notice to vacate, yet she never gave me a lease.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Oct 12, 2011, 05:53 PM
    A verbal agreement between landlord and tenant is not binding. Lack of a written lease makes you a tenant at will (month to month). You do have to give 30 days notice and emergencies don't apply. Your title question refers to a 30 day notice, but you don't really say how much notice you actually gave. A landlord can expect a full 30 days rent past your notice.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Oct 12, 2011, 06:05 PM
    Ar oral lease MAY be biding if it can be verified by other factors. Your landlord can, presumably, prove that you lived there. As long as that can be proven, you can be considered a tenant. That means the landlord is entitled to 30 days notice in writing. Failure to give such notice means the landlord can hold you to paying rent for that period.

    Unless you can prove she agreed to your move she can hold you to the rent. On the other hand, she is required to give you a written statement of what the deposit was used for within 21 days.
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