Can we be served with a 3 day notice to pay or vacate? Only a verbal agreement> No written contract? Now we are being served

No rental agreement whatsoever? We were tricked into a fake real estate transaction. We lived at the property made all monthly payments. They promise to put us on title. They are backing out.

Los Angeles, CA -

Attorney Answers (3)

Richard C Koman

Richard C Koman

Landlord / Tenant Lawyer - Santa Rosa, CA

Um - the deal was that you pay their mortgage and you can stay there? and now they're kicking you out even though you lives up yo the deal ? I would say that is an oral contract to rent the place to you and the fact that payments were made to third party beneficiary (bank) not landlord doesn't change that. so ... you could be evicted in a 30 day notice but not a three day, IMO - if I have the facts right

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Michael Raymond Daymude

Michael Raymond Daymude

Real Estate Attorney - Sherman Oaks, CA

In general all contracts for the sale of land must be in writing. You do not state enough specifics about your situation for anyone here to advise you

While not common, a monthly rental agreement can be oral and the terms are determined by the course and conduct of the parties. For example, if you have an oral agreement to rent the property at $1,000/month and have paid $1,000 each month for 3 months on the 1st of each month, that would be sufficient evidence of a monthly rental agreement.
If you fail to make the payment for month 4 – yes, you could be evicted based on that failure to pay.

If you believe you have a defense to the eviction because of an oral agreement with the landlord, seek the advice of a local attorney immediately. Your failure to timely respond to the summons and complaint will result in you being unable to assert any defense. You must file an appropriate response with the court within 5 days of service. Good luck.

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Nicholas Basil Spirtos

Nicholas Basil Spirtos

Real Estate Attorney - Montclair, CA

If you did not have a written agreement for title to the property, then you are probably out of luck.
Without that you will probably be treated as month to month tenants.
If you did not pay the rent, then you can be given a 3 day notice to pay or quit. If you pay, you stay. If you don't, you could be evicted.

Related Topics

Property rental agreement

A rental agreement is a contract outlining terms of tenancy for a certain period of time. Short-term rental agreements may renew automatically until cancelled.

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Notice to vacate property

A notice to vacate is a written notice from a landlord telling a tenant to move by a certain date. Often you'll have 30 days to leave, but state laws vary.

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