No written rental agreement

[Svurt]

What is the name of your state? CA

Who does the law generally favor when there is no written rental agreement in the following situation:

I (sublessee) was a few days late paying rent twice. I've since moved out and now the sublessor is trying to keep the security deposit, citing daily late fees.

I did not agree to any late-fee penalty system for late payment of rent. Does CA law default to it somehow? Even if the sublessor believes I did, and there is no written record of my agreeing to it, should I be reasonably confident I will win the small claims judgment, without the case devolving into a ''my word against his'' fiasco?

Thanks very much.

 

[FarmerJ]

When people rent month to month with no written lease there is no way to enforce late fees since there is no written contract . If you dispute what is held back from a deposit then small claims court is where you must go to ask the court to have the LL prove you agreed to pay late fees .

 

[HomeGuru]

What is the name of your state? CA

Who does the law generally favor when there is no written rental agreement in the following situation:

I (sublessee) was a few days late paying rent twice. I've since moved out and now the sublessor is trying to keep the security deposit, citing daily late fees.

I did not agree to any late-fee penalty system for late payment of rent. Does CA law default to it somehow? Even if the sublessor believes I did, and there is no written record of my agreeing to it, should I be reasonably confident I will win the small claims judgment, without the case devolving into a ''my word against his'' fiasco?

Thanks very much.

**A: you are correct in that it is a fiasco.