Three elements of an oral contract. To be considered valid, an oral contract must contain three elements: offer, acceptance and consideration. Verbal or oral leases are enforceable, so if there was a verbal agreement that the tenant would pay for damages, you could sue to enforce the lease and make the tenant pay. The requirement that the landlord indicate who the licensed manager is, who the landlord is, where and how to pay the rent, and the requirement to disclose or publish this information in the lease was discussed above. If the rent can`t be delivered in person [as if there were no address or you only have a post office box or locker], the tenant can ship the rent, and it`s ”paid” the day they go to the mailbox, even if the landlord doesn`t get it until later. In these circumstances, renting the shipment requires a ”proof of shipment”, which can be made by registered mail or registered mail, but also by explaining the proof of delivery, a witness or a copy sent to yourself at the same time by post, which indicates the postmark [which may be the next postal day]. You may want to call the landlord to remind them that you sent them the rent under the new Civil Code of 1962. Question: Although I have been renting a condominium for over five years, my landlord recently told me that I am not a tenant and that if I do not like the way he does things, I am free to leave. He relies on us to have no written lease and no receipt to document my past rent payments. Long-term or formal leases don`t always work for all situations, so state laws allow landlords and tenants to make other arrangements, such as renting a room in a house without a lease. These unwritten agreements cannot bind any of the parties to a lease that lasts more than one year, but they can be renewed permanently so that the contract can last more than a year if both parties are satisfied with the agreement.
However, since there is no written lease, it can be difficult for both parties to enforce the agreement if problems arise. (1) An agreement which, under its conditions, cannot be fulfilled within one year of its conclusion. Courts don`t like fraud and tend to enforce contracts when they find that one of the parties has somehow ”deceived” the other party by relying on a promise. As can be seen in our article on contracts, concepts such as waiver and guilt denial can be invoked to create a binding agreement, even if the formalities are not followed. If you are another tenant`s roommate and not the landlord`s tenant, your legal rights may differ. However, like landlords and tenants, roommates do not have to enter into formal written agreements. Roommates who have an oral agreement on how to divide rent, utilities, and other bills form an oral contract that could be enforceable in court if a roommate violates their terms. You are therefore effectively a tenant and are subject to all rights and obligations under the California Civil Code. Your landlord should therefore issue a written receipt for each payment of the rent you have paid. The landlord can still deposit a deposit even if there is no written rental agreement.
The dollar amount is intended to cover damage to premises and rent if you do not pay the agreed amount. Under California law, the landlord can charge a maximum security deposit of two months` rent if the house is unfurnished and three months` rent if the house is furnished. The landlord must refund the deposit minus any legal deduction within 21 days of your move and handing over the keys. .