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If I have a verbal agreement with my landlord in California, renting a room, can they make me leave without grounds or reason?
Anonymous4 views3 answers
Hello, I was wondering if I have only a verbal agreement with my landlord, can they force me to leave without any grounds or reason behind it? I am renting a room in Orange County California. Can they kick me out of my room for no reason just to have the room back to themselves for their own use, even if I still need the room to live in? From what I understand, I might be on a Month to Month term with them.
They made up a strange rule 2 months into my stay, they never informed me of before I moved in, or after I paid them first and last month's rent with a deposit. They said I could not use a common sitting area of the house, and that it was reserved specially for a different tenant. I used the sitting area 2 months in, never using it before, and I was threatened with an eviction.
A verbal lease agreement can be enforceable, as long as the term was for less than one year. It could be difficult to establish the terms of that verbal agreement, however. Without some other proof, it becomes a he said-she said situation.
If you are month to month, then the tenancy can be terminated without reason.
See the link for more info.
Christian Frederick PaulLitigation LawyerSan Juan Capistrano, CA ·
Your landlords sound childish and unreasonable, but they do have a right to send you on your way if they give you a written 30-day notice to vacate the premises (60 days if you've lived there over a year). You will be best off just to find somewhere else to live as soon as possible and forget about these people. In your next place, get an agreement in writing about what you can and cannot do in the premises.
The landlords must send you any money they still have within 21 days of your moving out, although they may deduct for damage beyond normal wear and tear, in which case they must give you a written accounting and provide receipts and other proof of work done. If they fail, you may sue them in small claims court, which is easy to do and not expensive.
Your tenancy may be terminated without cause, as Orange County does not have a just cause eviction ordinance. However, your landlord may not terminate your tenancy for an illegal purpose, such as discrimination or retaliation. All termination notices must be in writing, and must comply with the notice requirements set forth in the Civil Code and Code of Civil Procedure. You may want to consult with your local Legal Aid for assistance in evaluating the sufficiency of a notice you received from your landlord.
