What are my rights as a California tenant with an unsigned lease?

Question

For four years, I lived in and paid rent for a condo in L.A. and I have the original basic lease agreement with the landlords signature. Although I abided by the lease, I never signed it since she never asked that I sign and return it to her. After two years, she sent me a signed rental application (not a lease agreement ??) which reflected a $200 per month rent increase. I guess this was to serve as the updated lease and, although I never signed it, I paid the increased rent. After giving her 30 days notice, I moved out last month and now she's concocted the most OUTRAGEOUS, UNETHICAL & UNLAWFUL excuses to avoid refunding my $5,000 security deposit!! She hasn't even been able to provide me with receipts or an itemized list because she charged me for completely bogus expenses. This is probably going to small claims court and I'm asking if presenting the unsigned lease would help my case or if it's insignificant. Being disrespected and taken advantage of is intolerable to me. THANKS!

Answer 1

Even if the lease were signed it would not alter things. She had 21 days to give you your deposit, or tell you she wasn't going to. It sounds like she did this, and you do not agree with her.

You have to take your disagreement to court. Your lease will not help the judge, but pictures of the undamaged property after you moved will.

In CA she can keep $ for repairs to return the condo to the condition you rented it in and unpaid utility bills, garbage and water. This is because those companies can refuse service to the new tenant if you flaked (I think this is unethical myself). I would think she could pay any unpaid HOA fees too (not sure I do not rent out condos).

So, in addition to pictures bring your last bill from those services showing that you discontinued and paid as well as your receipts or canceled checks from the HOA.

Also bring your canceled deposit check. That amount sounds higher then 2 months rent, the CA legal limit, so you may have to prove you paid that much and part of that was not first months rent.

Answer 2

Bostonian (sp?) is partially correct. In California, the landlord has 21 days to either refund the deposit or to provide itemized deductions. I think the penalty for not doing so is 3x the security deposit.

Even though you are considered a month to month tenant, I would use the original lease agreement as proof that you gave her a $5000 deposit. A copy of the check cashed would also be ideal.

Good luck

Answer 3

You were a month-to-month tenant. You could move at any time with 30 days notice. Your unsigned lease is meaningless for the most part. (Though since you have a copy with her signature on it you could sign it and nobody could say when you did. At least that would prove what you paid for the security deposit.)

Your landlord is required by CA law to provide a complete rendering of any charges against your security deposit and return any balance no later than 30 days after you vacate the premises and return the keys. If she fails to do so she forfeits the right to make any deductions from the deposit (though she would still retain the right to sue you for any legitimate damage charges.)

If she fails to return your deposit you'll have to sue her for the deposit. Small Claims Court would be the way to go.

Answer 4

Landlord has abode up on the marketplace and is advising you that he will be showing the abode with a 24-hour observe for the subsequent 4 months. If he sells the abode, he will grant you with 30 days observe. in case you opt for to leave, you ought to grant him 30 days observe. you ought to start up searching for yet another position now. you ought to inform Housing once you opt for to flow. He has no longer given you spot. He in difficulty-free words instructed you he's promoting the abode. Your employ expired yet you're on a month-to-month tenancy so he nevertheless has to grant you 30 days observe. He has helped you by ability of letting you already know 4 months ahead that he's promoting the abode yet there is not any thanks to attraction to close at the same time as which will take position.