My parents moved from Arizona to CA, they rented a home sort of "sight unseen". A verbal agreement was set, a check for first and last months rent was paid to and cashed by the management company but an actual contract was not finalized. When we brought the roach problem to their attention, the decided not to rent them the home after all, they are now stuck there with nowhere to go, but don't want to stay in that place either. Help
Yes, there may be a basis to sue for damages but the amount of recoverable damages probably won't be too much. Even without a written contract, there would still be an oral contract to rent the property on a month to month basis. The roach problem MIGHT be a legal basis not to pay rent due to uninhabitability. If the landlord/property manager is asking them to leave, it might constitute a breach of contract by them. In short, there are a lot of legal issues here but the recoverable damages may not be worthwhile to pursue a formal lawsuit.
Frank W. Chen has been licensed to practice law in California since 1988. This posting does not create any attorney-client relationship. The information presented here is general in nature and is not intended nor should be construed as legal advice for any particular case or client. For specific advice about your particular situation, please consult with your own attorney. This posting is not intended to constitute an advertisement nor a solicitation.
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