Sam Himmelstein, a rental lawyer, says an oral agreement is always a binding agreement. Depending on your specific circumstances, your landlord can‘t just increase your rent. But it‘s important to know how the law applies to your situation. The only oral leases considered legally binding in the state of California are those that last less than a year. Beyond this restriction, the agreement must be in writing when the duration of a rental agreement is less than one year, but the validity period is more than one year from the date of the oral agreement. While the law grants this small leniency for short-term oral leases, it is stated that, for reasons of clarity and safety of all parties involved, it is strongly recommended that all leases be concluded in writing. Since an oral contract is legally binding and creates a legitimate lease, the legal rights of both the landlord and tenant apply under the Housing Act, including the right of owners to repossess their property. You have the same obligations as a tenant who has a written lease. For example, in my friend‘s case, you can‘t just tell her to leave with a 4‑day deadline in the middle of the agreed term just because there is no written lease. However, it is a bit difficult to prove when is the agreed end date of the lease. In any case, the tenant is entitled to at least 2 months‘ notice (i.e.
a legal right) for the duration of the notice period, which must be served with notice under Article 21. Ask the tenant to present a signed contract, which sets out this agreement. Tell them that you would like to abide by such an agreement made before your property. If not, offer new rental conditions. And they can take it or leave it. Source: Ca.gov, “Chapter 9 — Landlord and tenant”, called July 21, 2016 As soon as a landlord gives access to the property to a tenant and accepts the payment of rent, an oral contract is concluded. So all this “out of my property in 3 days” will not fly, or at least it is not legally applicable. Hello, I am renting a commercial property to the municipality in a city center that is dying standing. I do not have a written or oral agreement.
I have some rent arrears, I contacted the Board to see if they were going to reduce the rent to help me temporarily in my situation, and they just said “no”. In 12 months, the shops are closing every week and the Council has seen fit to bring 8 hairdressers to our small town.