3 month Verbal lease agreement - want to break.

[lanaya84]

I moved in January and I plan to stay til March which will end my lease agreement but renter has just handed me a lease contract which she supposedly handed to me in January that "she still found on her desk".. I was never asked to sign anything and as a matter of fact the lease looks very crisp as in it was just printed. I have tried to write up my own contract with her just recently which I handed to her with my 30 Day notice in writing. However she is avoiding signing it. My terms were: give me a written statement with returning of security deposit process and I will hand her the rent check. I am just fed up with her and want to know if I can just pack my bags and leave. Since I never signed anything Can I do that. Ofcourse I will lose my deposit but can she hold me liable if I dont pay her for the last month of my "verbal" agreement? by the way this is a room in an apartment if that makes any difference.

 

[Gail_in_Georgia]

Steps to terminate a month to month tenancy in California:

http://www.landlord.com/lawresoverview.htm

Since you've already provided her written documentation of such, you would owe rent until the end of this time period. Failure to do this could open you to a lawsuit from her.

Gail

 

[army judge]

There are no verbal lease agreements. You are under a month to month tenancy. Those are covered under state statute. The law allows no oral agreements when it comes to property matters.


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[lanaya84]

i have done a little research and I found info sating that month to month leases have a deadline to return deposit of 21 days is this correct? if I dont receive it by the 21 day can I file a small claims?


Is it illegal for me to set up a date before the 21 days? If she signs to an agreement to do so?

 

[Gail_in_Georgia]

In California, landlords with ALL types of leases (not just a month to month tenancy) must provide information on the status of the security deposit within 21 days of the tenant vacating the rental unit:

http://www.legalmatch.com/law-library/article/refund-of-security-deposits-in-california.html

You can set up whatever time you want to get the security deposit back prior to the 21 day notice; it will mean nothing in a California court.

Gail

 

[mightymoose]

You need to give the landlord the 21 days... and if it is not settled on time then you need to ASK for it. THEN go to court if there is a dispute.