Legal Question in Landlord & Tenant Law in California
verbal agreement
I was a tenant for 11 years in a commercial building where I had my business I became close friends with my landlord. We were very close for over 10 years. i spent a lot of time with him and his family and I was privy to and participated in his daily affairs. We even spent the night together many times and I had a key to his house. He always told methat I would never have to worry about anything, that he would always look after me and that I would never have to leave the building. He said he had no plans to ever sell it. He also told me that he liked doing business with a word and a handshake and that I never needed to use an agent or lawyer to do business with him. For this reason I didn't pay attention to the lease agreement he drew up nor when it ran out. When I went to ask him for another 5 years, he stalled. Later he told me he had an offer on the property that he couldn't turn down. Over a year he negotiated with this buyer and would not give me a lease, but he also would tell me the deal may or may not be going through. Then he told me he was sure the new owner would let me stay. He stalled me until the last minute, the deal went through my rent went up x3, he now wont speak to me for fear that I might have a legal case
2 Answers from Attorneys
Re: verbal agreement
Please contact my office for a free initial consultation.
www.seannovicklaw.com
Re: verbal agreement
Thanks for your erudite statement of facts. It is much appreciated.
A lease is governed by the law of contracts, and it is a very well established rule of law that an oral contract is as binding as a written contract----just much harder to prove.
There is an old remedy called specific performance, where the courts insist on a contract being performed specifically as agreed to. However, that is out because it would punish the new owner who was not part of this contract and should not be punished.
I am afraid that you are going to have to sue your original friend for damages, which would include the substantially higher rent.
Your best option at this point, in my humble opinion, would be to decide what you might be willing to do (sue your former friend, pay extra rent, move, etc.), and possibly retain an attorney for minimal discussion, and writing a few letters.
While these options may not turn you on, I am mindful of an old expression that "if life were fair, we wouldn't need wheelchairs.
Please feel free to e-mail, if you need more at this point.
Good luck!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
