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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 34273
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I have a question related to an oral contract vs. the written

Customer Question

I have a question related to an oral contract vs. the written lease agreement ... but first ... a little history ... Last year I was one of many CA home owner's to lose my home ... I tried to hold on and well... my credit is awful! I decided to rent a home for my family. When I looked for a rental I discussed two extrememly important issues with potential landlords: I was VERY clear to discuss my children's needs for stability; that moving repeatedly is very difficult for adopted children; and I also was very honest about the fact that I lost my home, and although my income is steady, I do not have the funds to move again in the next few years. I was told by the owner of the home that I would be able to rent the home for 5 years. I signed a one year agreement; and now, at the end of one year have been asked to vacate the home. I did request partial return of a $3000.00 deposit and was refused. Do I have any recourse. Please help!
Submitted: 8 years ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 8 years ago.
I am sorry to hear about your situation. Unless there is a reason for the landlord to keep your security deposit, it needs to be returned in full. As far as the 5 year lease agreement that was promised to you, the written lease agreement will control. If the landlord intended to extend a 5 year lease to you and your family, they would have put it in the lease. Since it was a 1 year lease agreement that is what the Court will look at to decide the intent of the parties.
Expert:  RealEstateAnswer replied 8 years ago.
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