What are our rights with a verbal lease of 12 months and landlord is going against everything she agreed to?

Landlord agreed to 12 month lease no security deposit as long as house is in good condition when we leave. We have now been here 2 months. Now, due to her retirement not being what she wanted is requesting 2 months security deposit and says she has appliances here that she originally said she was going to just leave, no charge. We were suppose to sit down to go over all details including utilities etc., and get everything in writing, but refuses to do so now. Continues to threaten eviction when we ask for smoke alarms, etc, and says we rented it ” as is”. We have been on time with rent. Help!

Asked on July 31, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The best way to try and safeguard your position with respect to the terms of the oral lease that you have with your landlord where she refuses to place such in a written document is to send her letters memorializing the terms and conditions as agreed upon to be placed in a written document and keep a copy of each letter for future use and need.

As to giving her a two month security deposit, it that was the deal, then such should have been taken care of before you moved into the rental.

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