Legal Question in Landlord & Tenant Law in California

I lived in a rental house for almost ten years and my rent payment record is perfect. Until three years ago, I had a written lease and requested for a renewal. Then, the landlord said her attorney advised her not to give a written lease anymore but I could live in the house as long as I wanted. At that time, the landlord was in a contested divorce and the house was a contested property for split. Now she wants to evict me. Can I sue her for a breach of contract even if her promise was oral? Case like that is likely to dismissed on a motion for summary judgment? If I can stay for a year, I would be fine.


Asked on 12/13/11, 3:08 pm

1 Answer from Attorneys

You are going to run up against a lot of legal technicalities due to the lack of a written agreement. If it comes to a legal fight her lawyer will argue that rather than any kind of enforceable agreement, because there was no writing all you have is a tenancy at will, terminable by you on 30-days notice and by her on 60-days notice. I can think of at least a half dozen arguments they could make, up against your oral agreement that she will deny and you will have a heck of a time proving. A good lawyer could probably get the case tossed on a summary judgment motion.

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Answered on 12/13/11, 3:55 pm


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