California law permits landlords and tenants to have a verbal rental agreement for tenancies that do not exceed a period of one year from the date of the making of the contract. However, having only a verbal contract is both foolish as well as risky!
It is always beneficial for both the landlord and the tenant to have a written rental agreement whether on a month to month basis or for a specific period of tenancy. Specifying the terms of an agreement in writing may avoid confusion and prevent disputes in the future. A written agreement will also set forth the respective rights and responsibilities of the parties. It will almost certainly assist you in avoiding the false testimony of others in the event a lawsuit is commenced by or against you.
The benefits to the landlord are that he/she may wish to have the tenant perform certain tasks at the premises such as maintaining the landscaping, periodically replacing heating and air conditioning filters, or paying the utilities. Conversely, the landlord may wish to prohibit the tenant from engaging in certain types of conduct such as not permitting animals at the premises or not allowing additional unauthorized occupants to reside at the premises. The landlord may also wish to include a provision for recovery of attorneys fees and costs of suit in the event the landlord needs to sue the tenant for enforcement of the rental agreement.
Particularly beneficial to the landlord are written provisions that permit the landlord to initiate eviction proceedings against the tenant whenever the tenant violates a promise of the agreement. However, in the event the lawsuit proceeds to trial, in the absence of a written rental agreement, it may be virtually impossible for the landlord to prove that the tenant verbally agreed to do or not to do certain things such as pay for utilities or not to allow animals at the premises. This situation may occur because the opportunity clearly exists for the tenant to falsely testify or to claim that the terms of the agreement were misrepresented or misunderstood.
Ultimately, the court proceeding may become a situation where there is a standoff of the landlord’s witnesses testifying against the tenant’s witnesses. A written agreement will permit you to avoid this situation and obtain a more certain favorable result.
In contrast, the benefits to the tenant are that the written rental agreement will generally spell out the various responsibilities of the landlord such as the duty to maintain the premises in a habitable and liveable condition during the term of the tenancy, that the landlord will be responsible for gardening, or that the landlord will pay for the tenant’s utilities.
Further, in the event either party files a lawsuit against the other for claimed failure to perform the terms of the contract, the judge or jury will hopefully be able to review the terms of the rental agreement and come to an appropriate resolution.
In general, whether dealing with a landlord-tenant situation or not, it is always advisable to have a written agreement for any type of contract that you may enter into. You will be able to more effectively enforce your legal rights and protect yourself from the lack of integrity of others.