Help? Confusion over Tenant rights in California.?

Question

Long story short:

I rent a room from a lady who owns a home.

Before beginning tenancy, she has stated my monthly rent covers utility costs and the deposit will be returned if the room, when I move out, is in excellent condition.

We sign a month-to-month lease (very formal paperwork).

She agrees to give me a copy of the lease but never gets to it--eventually I forget about it.

I enjoy my stay, was never late on my monthly rent.

8 months later I put a formal 30 days notice.

Four days before my last day of residency, she hands me a note with utility statements saying I owe additional money aside from my rent to cover the utilities (I live with her and her family).

The large refundable deposit is stated in her letter: "If you want, I will take your deposit as total payment and what is left over will be written out as a check to you."

She has never approached me verbally or with a written agreement stating I would pay additional from my rent (which she stated during our initial interview, utilities would be paid by the rent).

She has failed to give me a copy of the month-to-month lease contract.

The amount I owe her is a CUMULATIVE sum from the months I have been a resident in her household. And she did not give me adequate notification to pay for the total sum. Meaning, if I had stayed any longer, I would probably have to pay more than a thousand dollars just to cover the cumulative sum of the utilities which were assumed to be taken care of through the monthly rent.

What should I do? I know I need to again review my month-to-month lease. But at any rate, if I did not sign to it, would I have a strong case?

Thank you!

Answer 1

The thing is, that without you having a copy of the lease at time it was signed, she could have added anything she wanted to it...so if youwere to take her to court and she produces this document with your signature and soemthing on there about you having to pay these utilities you will probably get stuck with it...all I can say is move out...and sue her for your security deposit and submit any and all kinds of documents you may have...from notes, cancelled checks etc.  

Answer 2

Here's what's going to happen.  It isn't fair, but life isn't fair.  

You are going to move out.  She isn't going to return your security deposit.  To try and get it back, you are going to have to go to court.  

In court, everything not documented is hearsay.  If she says you owe money for utilities and you say that you don't, without the signed lease saying that you don't - you will likely lose.  

Your landlord needs your money to make the mortgage payment and is probably pissed that you are moving out.  

Sorry to tell you that, but that's what's going to happen.

good luck!

Answer 3

If you did not sign an agreement that you would pay the addtional money you have a VERY strong case.

Tell her you will sue if you do not have your deposit within  21 days.

She will loose this in court.    If you think she did not declare your rent as income add that to the initial suit.   She will settle out of court.

Answer 4

It is legal for her to do this but the manner in which she did it raises a lot of questions.  You might owe for utilites.  But she had to collect them monthly.  Contact judgejudy.com. Judy will roast your landlord.