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Rent dispute

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What is the name of your state? California

My husband moved out of our rental house August 1st and left written notice that day for September 1st. The LL (lives in the basement) and I never write up another lease, but verbally agreed when he moved in a new person that my share of rent would be $600, his would be $600, and the new guy $800 (new guy had two bedrooms in the four-bedroom house), and a third utilities each. Without my knowledge the LL renegiatiated with the new guy that we would each pay $675 for rent. So after I paid $600 rent (cash) for September, the LL told me a few weeks later I owed another $75, and I told him no, I didn't agree to that, and if he renegotiated with the new guy thenthat was between them. By the time he told me it was changed it was a little over a week until October's rent was due, definitely not 30 days' notice for an increase in rent.

I did not pay $675 for October. I paid the $600. He also asked for HALF the PG7E bill, which I gave him.

He is now saying I only paid rent because it was supposed to be $675. This he acknowledged on my voicemail.

Yesterday the power was turned off due to non-payment and he rudely told me to go pay it. New guy and I found out the PG&E hasn't been paid in four months. I have no intention of giving this jerk another penny.

Without a written lease, what can I be liable for? Can he try to deduct more from the deposit than he is already wanting to (he wants to charge me for wear-and-tear and things I am not liable for as it is). Without a written lease, can he withhold extra for utilities, despite me having paid them? I don't know how to prove who is telling the truth.

My thinking is that because nothing was put into writing he has nothing to enforce, and can deduct nothing from the deposit for utilities.

If he tries to withhold the deposit and I take him to court, would the proof I'd need be that nothing is in writing to begin with, and therefore there is nothing to enforce? And then ask him, as the defendant, to show something in writing holding me to more than what I say we agreed to? Is this what I would tell the judge?

Sorry to ask so many questions. This is hard. The LL WAS a good friend, but I will not be ripped off, and if this is how he's going to treat me, then he's no loss. Thank you.
 


sinnnamon

Junior Member
This Landlord is a rip jerk

San jose Ca
YOu should be able to break the lease for breach of contract. Oral is good as wriiten but the effect has to be proven, But documention of your conversations are REALLY Effective and show proof of receipts(always get one from landlord) no matter what friendship or not! Keep copies of letters and all proof of monies given to landlord, never cash and make sure he writes recipts before giving any rent to him, so it will be an even exchange of rent and receipt! Get all changes of conversations whatever in writing if he says $600 makes sure it's in writing and if he increases rent to $675, he has to go by a 30 -60 day notice to let you know of rent increase, I would move out from this guy, I'm thinking about moving out too from my crazy landlord and problems neighbors. Check out www.nolo.com- the legal law site where I use alot and you can pay for to download ebooks. You can find these books also in most library as well. Good look! :p :o ;) :D
 

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