[RPPTL LandTen] When Is Residential Tenancy Created?

[Manuel Farach]

Good points, Cary
Thanks

Sent from my iPhone

On Feb 15, 2012, at 11:39 AM, "Cary Sabol" <sabollawoffice at yahoo.com<mailto:sabollawoffice at yahoo.com>> wrote:

In my humble opinion, you would need both a meeting of the minds (i.e. an agreement to lease - even if it's verbal) and consideration (i.e. the first payment).  Otherwise the "tenancy" would not yet have been created.  However, in reference to a number of our prior discussions, you should be careful to make the argument that no tenancy has been created because then you might have to proceed under the unlawful detainer statute, which we all agree can get messy and time consuming.  The consensus seems to be that Chapter 83 actions move much more smoothly through the court system.

If the occupant moved in without paying even the first payment, I would still proceed under a Ch. 83 action for non-payment and would simultaneously serve a Notice of Termination of Month-to-Month Tenancy, just in case the occupant decided to pay and your client wants them out regardless of payment.  Hope that helps.
Cary
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From: Manuel Farach <MFarach at richmangreer.com<mailto:MFarach at richmangreer.com>>
To: RPPTL Landlord Tenant Committee <landten at lists.flabarrpptl.org<mailto:landten at lists.flabarrpptl.org>>
Sent: Wednesday, February 15, 2012 11:20 AM
Subject: [RPPTL LandTen] When Is Residential Tenancy Created?

I am defending a lawsuit where purported tenant states my client agreed to rent him premises. No lease was signed and no money changed hands, but the purported tenant moved in while my client was out of the country and bad things then ensued.
My fundamental question is when is an oral residential tenancy created if there is no written lease and no money has exchanged hands? Is it as simple as the tenant moving his stuff into the premises?
Thanks
Manny
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Office: 561.803.3500
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