landlord lost written rental agreement..

[cristyna77]

What is the name of your state? California

I am going thru the eviction process right now for the first time, and when I asked my landlord for a copy of the rental agreement, she said they lost it and would be using the "verbal agreement" in regards to my month-to-month renting. I have just noticed the summons I received says that a "written" agreement was made, but that they are unable to provide it as "Exhibit 1".

There are no personal problems between my landlords and I. I simply need to delay this process as much as possible. Legally, can the fact that the original written agreement is lost help me in any way, shape, or form?


cristyna77

[mobopp]

NOPE, that is YOUR responibility as a tenant to make sure you have a signed copy BEFORE you hand the landlord you hard earned money.

With no lease you are a month to motnh tenant.

You see this is a landlord scam, with no lease they can kick you out in 30 days , But if YOU wanted to leave, the lease would miracuosly appear out of thin air and they would hold you to it.

Next time you rent an apartment DO NOT leave without your signed copy, if they refuse to give you one rip up your check and get outta there.

[cristyna77]

30 days? 30 days from when? I have heard that its 90days from the day you get the eviction notice.... I have heard that the courts give you a date to move out by.....Which IS it???

(Thanks for the response, by the way Mobopp)


Very frustrated now...
cristyna77

[mobopp]

where exactly are you in the evcition process?

The landlord gives you a 30 day notice to move, then if you dont they must take you to court.
Then you get a court date usually within 2 weeks.

Then you have the trial, and if you are found guilty, chances are you wont have more then a week or so, before a sherriff or marshall will escort you and your stuff to the street.

They cannot lock you out or toss your stuff out , nothing without a signed order from a judge.

[FarmerJ]

Be aware that all court records from unlawful detainer courts are available to the public and that public includes landlords who willbe screening your rental aps some day . If you allow this matter to go to court . Any future LL can use UD records as reason to refuse to rent a unit to someone . It would be to your benefit to find ANY place to camp out or a friends to stay with and if a court date was set to be heard to show up and tell the court you vacated on ______ date . ( why do that , to make sure it is dismissed. )

[mobopp]

and if a court date was set to be heard to show up and tell the court you vacated on ______ date . ( why do that , to make sure it is dismissed. )
==========

Excellent advice, not to be living OR have any of your belongings in the apartment on the court date.

[JETX]

First, ignore NoPop. He is an idiot forum troll with NO legal experience or knowledge.

Your question:
"Legally, can the fact that the original written agreement is lost help me in any way, shape, or form?"

Answer: No. In fact, if you do not have a copy of the lease, the lack of can hurt your standings. If you have a written lease, and that written lease term has not expired, then you have the right of tenancy for that full lease term.... assuming you are in compliance. However, without a lease, or if your original written lease has expired, you are a month-to-month tenant. And as a MTM, your only tenancy right is to the next 30 days. The landlord can simply give you a 30-day notice to vacate and that would be the end of your 'lease'..... and rights of tenancy.

And this has nothing to do with whether you are in compliance, rent paid, or not. Either party can simply terminate the lease with a simple written 30-day notice.