Rent Watch: Tenant without written rental agreement still has rights

Question: Despite having rented a condo for more than five years, I have recently been told by my landlord that I am not a tenant and that if I do not like how he does things, I am free to leave. He is relying on the fact that we have no written rental agreement and no receipts to document my past rental payments.

I admit it may have been foolish of me to make years of cash rental payments without putting anything in writing, but I cannot believe that I am not a tenant. Have I somehow relinquished or otherwise waived my rights by making all these payments without putting anything in writing? Can I be terminated without notice?

Answer: Although it is always preferable to document every aspect of a tenancy in writing, the lack of a written rental agreement does not deprive you of tenant status. An oral agreement for a month-to-month rental arrangement or for a fixed term of a year or less is valid in California. So you are indeed a tenant and are subject to all the rights and obligations in the California Civil Code.

However, without any written documentation, there is no definitive proof when disagreements arise. Written agreements can prevent or minimize misunderstandings. Also, even though oral agreements are valid and enforceable, there is certain information that a landlord is obligated to put in writing.

Within 15 days of any oral agreement, for instance, a landlord must write down the contact information for any manager or person authorized to accept rent or handle complaints, and the form in which rent may be paid. Also the California Civil Code provides that “a debtor has a right to require from his creditor a written receipt for any property delivered in performance of his obligation.”

Your landlord should therefore issue a written receipt for any payment of rent you made. You might eliminate this difficulty by paying by check or money order to create your own payment trail. A landlord cannot demand payment in cash unless a previous check or money order has been dishonored or stopped.

Because there is no written agreement, you are by default a month-to-month tenant. Unless you are in a jurisdiction that requires “just cause” for termination, California Civil Code Section 1946.1 governs the rules for terminating a month-to-month tenancy.

This statute requires 60 days’ written notice from your landlord to terminate most tenancies that have lasted more than one year. Also, California law requires a landlord to use the unlawful detainer legal process to remove you from this tenancy. It precludes landlord “constructive eviction” efforts to force you to leave, such as cutting off your utilities or blocking your entrance.

For more information, contact a local fair housing or mediation program, or Project Sentinel at (888) 324-7468, or visit www.housing.org.

Van Deursen is director of Dispute Resolution Programs for Project Sentinel, a Bay Area nonprofit.