Full question:
I made a verbal arrangement with a woman to rent her house from June 08 to October 08. We agreed upon the terms and amount of payment and I wrote her a personal check to cover the agreed upon deposit. Based on this agreement I gave notice to my present landlord. The woman called me the next day and said that she was going back out on the deal. This has put me out because I have already given notice. What are my recourses?
- Category: Landlord Tenant
- Subcategory: Verbal Lease
- Date:
- State: California
Answer:
The legal relationship between a landlord and tenant is based on contract and property law. A rental agreement or lease gives the tenant the right to occupy a rental property for a specified time. While leases for less than one year do not need to be in writing to be valid, having a written agreement makes the terms clearer and easier to enforce.
Your recourse depends on the terms of your verbal agreement with the woman, unless you suspect discrimination. Federal law prohibits housing discrimination based on race, color, national origin, religion, sex, familial status, and disability under the Fair Housing Act. State and local laws may also provide additional protections.
In California, for example, if a landlord or prospective landlord backs out of a verbal agreement, the tenant may have grounds for a claim based on the verbal contract, especially if they can prove the arrangement existed and they suffered damages as a result. However, proving the terms of a verbal agreement can be challenging. If you have evidence, such as the check you wrote for the deposit, it may support your case.
For specific legal advice tailored to your situation, consider consulting a licensed attorney who specializes in landlord-tenant law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.