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I moved into my rental place two months ago. One month after my signed lease agreement, the building was sold to a realty company (previously privately owned). I had no knowledge of this until the new realty company contacted me to tell me they would be changing my locks and giving me new keys and I was now to pay my rent to them. They informed me that my rental agreement will stay the same. I had a verbal contract with the original owner that I had a parking spot in his small lot used for his business. I found out that the new rental company (who knew of the parking agreement) rented out the spots to new tenants. I was not told that this would be changing nor was I given the option to pay for this spot. Does anyone know what my rights are for having a verbal agreement with the previous owner? Or for that matter why I was not offered to "rent" the spot but the new tenants were given first choice at this?
I moved into my rental place two months ago. One month after my signed lease agreement, the building was sold to a realty company (previously privately owned). I had no knowledge of this until the new realty company contacted me to tell me they would be changing my locks and giving me new keys and I was now to pay my rent to them. They informed me that my rental agreement will stay the same. I had a verbal contract with the original owner that I had a parking spot in his small lot used for his business. I found out that the new rental company (who knew of the parking agreement) rented out the spots to new tenants. I was not told that this would be changing nor was I given the option to pay for this spot. Does anyone know what my rights are for having a verbal agreement with the previous owner? Or for that matter why I was not offered to "rent" the spot but the new tenants were given first choice at this?
Any advice is appreciated!
In real estate whether purchasing or renting, if it isn't in writing then it doesn't really exist.
There is no such thing as a "Verbal Contract".
I would however investigate why you were not offered the opportunity to rent a spot.
California recognizes Oral Agreements... the problem is the difficulty in proving the terms... leases for more than one year must be written to be enforceable in CA.
Here's an excerpt from the State of CA...
Oral rental agreements
In an oral rental agreement, you and the landlord agree orally (not in writing) that you will rent the rental unit. In addition, you agree to pay a specified rent for a specified period of time - for example, a week or a month. This kind of rental agreement is legally binding on both you and the landlord, even though it is not in writing. However, if you have a disagreement with your landlord, you will have no written proof of the terms of your rental agreement. Therefore, it's usually best to have a written rental agreement.
California recognizes Oral Agreements... the problem is the difficulty in proving the terms... leases for more than one year must be written to be enforceable in CA.
Here's an excerpt from the State of CA...
Oral rental agreements
In an oral rental agreement, you and the landlord agree orally (not in writing) that you will rent the rental unit. In addition, you agree to pay a specified rent for a specified period of time - for example, a week or a month. This kind of rental agreement is legally binding on both you and the landlord, even though it is not in writing. However, if you have a disagreement with your landlord, you will have no written proof of the terms of your rental agreement. Therefore, it's usually best to have a written rental agreement.
I see, but what good is it to recognize an oral agreement if you can't provide proof of the terms of the agreement? That is the whole purpose of an agreement to begin with.
An oral agreement is the same as having no agreement at all. It provides no help during a dispute.
Get it in writing. Forget the concept of "oral agreement" as it provides you with zero protection.
I see, but what good is it to recognize an oral agreement if you can't provide proof of the terms of the agreement? That is the whole purpose of an agreement to begin with.
An oral agreement is the same as having no agreement at all. It provides no help during a dispute.
Get it in writing. Forget the concept of "oral agreement" as it provides you with zero protection.
That is why they say ORAL agreements are only worth the paper they're written on
In answer to your question...
Oral agreements also make it difficult for the owner to prove anything also.
My experience is the court will rely heavily on witness testimony and the actions of the parties...
In real estate whether purchasing or renting, if it isn't in writing then it doesn't really exist.
The twist here is that the agreement is in fact in writing but that an undocumented change/amendment occurred which may or may not be enforceable.
For example, if my lease says my tenant has to pay rent by the 3rd or be charged a late fee. Then the tenant pays on the 10th of each month for a year and I never charge a late fee, the agreement has in fact changed through the actions and behavior of the parties. If I suddenly without notice tried to start charging a late fee on the 4th and the tenant challenged me in court, the judge would agree (in Texas) that I changed the lease terms through my actions and that the late date is no longer the 4th.
Likewise, if a tenant has a parking spot and can show that it was used on a consistent basis and has witnesses to back him up, he may be able to enforce a claim on a parking spot. If promise of the spot was part of the inducement to sign the lease, the case is even stronger.
Everything has to start with a Demend Letter sent Certified mail demanding access to a spot at no charge. If the realty company refuses, and it's important enough to you, file a small claims suit for the economic value you can assign to the spot (what they are charging other renters for parking).
We have an oral agreement with our friend-landlord. We pay our rent early, and pay our bills on time. We wanted to have a lease signed, but he assured us that we could stay here, as long as we live. We have done a number of things to enhance the property, and keep it clean and trim. We have been here for 3 months, and love the place and the neighborhood. Now, he has come to us with a 30 day notice to leave, because he is getting a divorce and needs a place to live. What can we do?
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