Roommate Conflict over Deposit - no lease

[RenterFriend]

What is the name of your state (only U.S. law)? CA

I have been renting a room in a house from my friends sister. There was no rental contract. I have been there for 1 1/2 years. All rental agreements were made verbally.

She asked me to give her 30 days notice when I wanted to move, which I did on August 7th
I agreed to pay a pro-rated rent for one week in September to honor he 30 days.

First she was very upset that I didn't give her notice on the 1st of the month.

Then when I reminded her of my security deposit she said she did not get a security deposit from me, which she did. Then she asked me to provide her with a copy of the canceled check, which I did.

Today she writes a note “This is Wrong! We need to talk TONIGHT!”

I’m not sure how it’s unclear to her that I paid $400 in addition to the original rental agreement of $500. Eventually she raised the rent to $600 and then to $700 which I am now paying.

The check I gave her back in Jan of 2007 was for $900. Aren’t I entitled to the remaining $400 even if the rent went up?

I’m very confused and I just want to be prepared for when I have to discuss this with her.
Nothing has been in writing. She has been accepting and cashing my checks and everything has been a verbal agreement.

It’s my understanding that without a contract she really cannot hold me to paying anything else. I don’t even care about getting back the $400 but she’s also asking me to pay on top of that for utilities she says I owe.

Including the pro-rated rent she wants to collect about $300 from me AND keep my deposit.

This is such a small amount, but if she were to take me to small claims court would she win?

Thanks

 

[seniorjudge]

Q: This is such a small amount, but if she were to take me to small claims court would she win?

A: There is about a 50-50 chance, more or less.

 

[RenterFriend]

Senior judge. Thanks, and what would that entail? Would we have to go back through 1 1/2 years of utility bills and canceled checks, etc? Seems like so much work. She's pretty lazy. I doubt she would do all of that.

 

[seniorjudge]

Senior judge. Thanks, and what would that entail? Would we have to go back through 1 1/2 years of utility bills and canceled checks, etc? Seems like so much work. She's pretty lazy. I doubt she would do all of that.

I don't have any idea what kind of evidence she will have.

 

[RenterFriend]

Tom,

Are you SURE that is the law? My understanding is that they can only hold you to the 30 days if there is a written agreement. And I'm pretty sure there isn't a lww that says you have to give notice on the first of the month? I'll look in to it.

 

[HomeGuru]

Tom,

Are you SURE that is the law? My understanding is that they can only hold you to the 30 days if there is a written agreement. And I'm pretty sure there isn't a lww that says you have to give notice on the first of the month? I'll look in to it.

**A: yeah, please look into it. Actually read the CA Civil Code L/T law. It's all there.

 

[RenterFriend]

I looked at the civil code and I can't find anything that says a renter has to legally give their 30-days notice on the first of the month. I'm pretty sure they don't

There's also this:



California Civil Code states that an oral lease of less than one year is valid. Any lease greater than one year must be in writing.

An oral lease for over a year is void under the Statute of Frauds as a legal matter.

This is really a month-to-month agreement and all I have to do is give my 30 days notice in writing.

I wrote her a handwritten letter but as backup I emailed her mother and sister also giving notice. The mother is the ACTUAL owner of the rental unit.

 

[HomeGuru]

I looked at the civil code and I can't find anything that says a renter has to legally give their 30-days notice on the first of the month. I'm pretty sure they don't

There's also this:



California Civil Code states that an oral lease of less than one year is valid. Any lease greater than one year must be in writing.

An oral lease for over a year is void under the Statute of Frauds as a legal matter.

This is really a month-to-month agreement and all I have to do is give my 30 days notice in writing.

I wrote her a handwritten letter but as backup I emailed her mother and sister also giving notice. The mother is the ACTUAL owner of the rental unit.

**A: did you send the letter certified rrr?

 

[RenterFriend]

**A: did you send the letter certified rrr?

No, I didn't mail it. The civil code does not state that it MUST be mailed. It does say that it should be hand delivered or mailed by registered mail. Maybe I will do a follow up letter that is more official and mail it just to be safe.

This is so silly. She knows the terms, she's just mad and trying to get back at me. So juveile.

 

[Mrs. D]

Was there any agreement between you two as to the payment of utilities? Have you paid part of the utilities in the past? If you had an agreement and/or paid utilities in the past, she probably has you dead to rights for bills you didn't pay, providing she can prove what the bills were. Just a note of advice on this, getting utility bills is quite easy these days. In a few short minutes, I could visit all of my utility companies' websites and have all of my bills for the last 10 months (that's all the longer I've been living in my home). Even if you just sign up for the service, your past bills are often available within a matter of days through the website. Don't assume she'll have to go on a scavenger hunt for copies of the bills.

Did you pay $500 in rent for at least a few months after the month you moved in and gave her a $900 check? The canceled checks from subsequent months showing a rent payment of $500 would be evidence that your original rent was $500 and the extra $400 on the first month was for a SD.

I would remind her that she'll have to present you with an itemized statement of SD deductions and a refund of SD monies in excess of damages and unpaid monies due within a certain time frame. I can't recall what it is in CA off the top of my head, but there are several posts throughout this board that mention the time frame in CA specifically. Once you have that document (or don't...if she doesn't send it to you within the proper time frame), you can begin to fight the charges in court. MAKE SURE you send her, certified mail, return receipt requested, your forwarding contact information (address, phone number, and I would include e-mail address for good measure) and ALSO change your address with the USPS (which you can do online now). That way, she has no excuses if she doesn't send statement and refund within the time allowed, i.e., she cannot claim she didn't know how to get a hold of you.