Verbal Rental Agreement

[Maria Richey]

I verbally agreed to rent a room from "J" in
her house starting June 1st,2000. I paid
her $500.00 ($400.00 for rent & $100.00 for
utilities)at the end of May in return she
gave me a key and stated I could start to
move my belongings into the house.During the
first week of June I had changed my mind &
decided not to take the room(I confirmed this
with her on June 5th). Note: There was no
deposit discussed & no written contract
signed between us. I offered that she could keep rent for 5 days along with an amount for her inconvenience, totally $200.00. I had hoped to receive $300.00 back from "J" considering I had returned her key and had never used it or attempted to move any of my belongings into her house. I definetly feel I should receive the $100.00 for utilities, since I have not used any. "J" feels she is entitled to the full $500.00 and is not going to reimburse any of it to me. I have tried in a friendly manner to come to some sort of agreement with "J" but as of today she still feels I should not receive any amount back. I feel this is not fair. Is she entitled to keep the full $500.00? What are my options???? Help!!!!




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[Tracey]

You are responsible for the rent until J finds another tenant, or until July 5. This is because, presumably, J chose to rent to you rather than to someone else. Even though you never moved in, J was damaged because she could have rented to X, who would have moved in and paid rent.

I don't know about the $100 for utilities. You'd have to check with the local landlord tenant association to see what CA law says when utilities are a fixed amount. The law may allow J to collect only the rent because you aren't there running up utility bills, or it may say that utilities were part of the rent and you have to pay them too.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.