Legal Question in Real Estate Law in California

Lease, Rent, Los Angles

I moved into a new apartment in Van Nuys CA about a month ago. The landlord required that I pay the first months rent and the deposit through a money order, so I did, and everything has been pretty much peachy, however the landlord has still not given me a lease to sign... what are the implications of this? When should I start to worry? Can I legally make complaints yet (e.g ''the shower drains poorly'')?

Thanks!


Asked on 12/11/08, 10:27 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: Lease, Rent, Los Angles

The landlord does not have to give you a written lease. Without one, you are a month-to-month tenant under an oral lease agreement. No need to worry, except he can terminate your tenancy on 30 days notice for no reason whatsoever, so a lease with a term of more than 30 days would be beneficial to you in that respect. Otherwise, you need to remember that a term-lease (one of more than month-to-month) runs both ways, and you would not be able to terminate that lease early. The benefit to you of no written lease is that the landlord cannot technically charge you late fees, nor can he collect attorneys fees if you get sued by him for eviction. There are pros and cons on each side of having a lease, and not having a lease. You are more than free to make any complaint you want, but remember that (1) you can be evicted on 30 days notice for no reason - complaining about little things that don't affect habitability invite eviction, and (2) the landlord is only required to repair items that affect the habitability of the property, or that were in working order when you moved in, but have, through no fault of yours, stopped working. A slowly draining shower can be any number of things - I would let the landlord know of the problem, and advise him that you are going to run Draino down the drain to see if it will clear. Try that before he has to call a plumber out.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 12/12/08, 12:53 pm
George Shers Law Offices of Georges H. Shers

Re: Lease, Rent, Los Angles

In California, the renting of an apartment can be month to month or a specific term beyond that. Your rights as a tenant do not depend upon how long the term is or whether you have a written lease or not. You should complain about a malfunctioning shower as soon as it occurs. You shuld ask whether they are going to give you a written lease or not. If the manager will not respond, tell him you wish to speak to the owner. But remember, if you get the manager angry he might take it out on you.

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Answered on 12/11/08, 11:26 pm


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