See also:
https://forum.freeadvice.com/showthread.php?threadid=40180
Oral leases are valid in CA and, in fact, a lot of rental business is done that way.
As a practical matter, you are unlikely to be sued for a lot of money, but your other correspondent who replied:
"No contract, no keys, no lease"
did not give a very satisfactory answer.
California Civil Code (CCC) says:
1622. All contracts may be oral, except such as are specially required by statute to be in writing.
I asked about what the application said. My own application provides that "If the Application to Rent is approved APPLICANT agrees to execute the Rental Agreement or Lease and deposit the remainder of the Security Deposit upon demand."
I asked about the term of the "lease". A lease of 1 year or longer is required to be in writing; shorter leases can be oral, and are done all the time.
1624. (a) The following contracts are invalid, unless they, or some note or memorandum thereof, are in writing and subscribed by the party to be charged or by the party's agent:
(3) An agreement for the leasing for a longer period than one year, or for the sale of real property, or of an interest therein; such an agreement, if made by an agent of the party sought to be
charged, is invalid, unless the authority of the agent is in writing, subscribed by the party sought to be charged.
Did you pay the landlady in advance for the costs of the credit check or other tenant-screening? If not, why did she go to the trouble and expense of doing these checks, if not in anticipation that you would rent it? Why did you fill out an application to rent, if not to rent?
1621. An implied contract is one, the existence and terms of which are manifested by conduct.
I don't know why your other correspondent replied as he did.
The issue of keys is entirely irrelevant. Leases and rental agreements are often negotiated in advance, before even the apartment is vacant and keys are not available at that time. Your failure to take the apartment is not at all related to your receiving keys, and lack of keys is in no way related to the existence of a lease.
As a practical matter, you are unlikely to be sued, and even so, the landlady would probably not get a lot of money from you, since her actual loss is small.
However, she may be dependent on this rental income to live, and you said in your first posting that
"I found a room that I was ging(sic) to rent from this woman"
so it's a dirty trick on her.
[Edited by LL on 02-07-2001 at 11:32 AM]
