What do I need a written apartment lease for (as opposed to my current verbal agreement)?

June 13, 2009 7:50 AM

What do I need a written apartment lease for (as opposed to my current verbal agreement)?

I'm in Los Angeles, and I've moved into and have been living for a while in an apartment with no written lease (just a verbal agreement that I would stay for at least a fixed period of time, and month-to-month after that). I was comfortable doing so for reasons I won't get into, but I'm wondering now if there are good reasons for me to go through the effort of getting a written lease.

Do I need to do so to establish residency for California public graduate schools? Credit reports? Loan applications? Anything else? I have a vague recollection that somebody wanted me to show documentation showing where I lived, but I'm not sure if I'm just imagining it.

Do I necessarily need a lease or will alternative documents be adequate substitutes (e.g. utility bills)?

Could my roommate theoretically change the locks tomorrow leaving me homeless without my stuff?

posted by realpseudonym to law & government (6 comments total)

"Could my roommate theoretically change the locks tomorrow leaving me homeless without my stuff? "

Bingo....

there are other ways to establish your residency... but there is no way to assure that you will be able to remain there unless you have a lease.
posted by HuronBob at 7:58 AM on June 13

Also, if the owner loses the property in foreclosure, there is a drastic difference between your (limited) rights as a tenant if you have a lease and if you don't have a lease.
posted by crush-onastick at 8:00 AM on June 13

Could my roommate theoretically change the locks tomorrow leaving me homeless without my stuff?

Theoretically, sure. Legally, no. But that doesn't mean he will realize this. There is a vast body of answers in AskMe suggesting that people do just that without touching on the illegality. But the ability to sue the offender for $100/day plus damages will be cold comfort if you find yourself out on the street. Better to get an agreement.
posted by grouse at 8:11 AM on June 13

A lease is a written agreement, making it definite about the terms. A verbal agreement is valid (in most states only if the lease period is a year or less) but there is more uncertainty about the terms. In the event of any disagreement, a court would have to decide who is telling the truth.
posted by yclipse at 10:17 AM on June 13

There are very good reasons that written leases are the norm.

In a written lease, if there are any problems or questions, the resolution goes something like this:

Q: Can I pant the walls?
A: Ah, it says here, as long as I paint them back before I move out.

Q: What about late rent?
A: It says right here, $50 a day late fee after the 5th of the month.

Q: What about pets?
A: Paragraph 6: No pets.

Q: What about other people staying here?
A: 2 weeks, then they've got to start paying rent.

(etc, etc, etc.)

With a verbal agreement it goes something like this:

Q: Can I paint the walls?
A1: What color? Green? Ugh. No.
A2: WTF? Did you just paint the walls? Jesus! You know how much that's going to cost me to paint?
A3: Nuh-uh! I never said that!
A4: See you in court!

Q: What about late rent?
A1: All your stuff is on the curb and the locks have changed.
A2: realpseudonym, this is the sheriff deputy, he'll be evicting you today.
A3: Dude! you totally owe me for late rent, $100 a day, pay up!
A4: Nuh-uh! I never said that!
A5: See you in court!

Q: What about pets?
A1: I got a Great Dane. It pissed on everything and ate your couch. So anyway...*
A2: Nuh-uh! I never said that
A3: I'm allergic to that critter! See you in court!

Q: What about other people staying here?
A1: Is she hot?
A2: Hot or not she's eating my food, she's gotta go.
A3: Nuh-uh! I never said that!
A4: See you in court!

(etc, etc, etc.)

A lease is just a contract. Contracts are not annoying pieces of paper that tie you down with 'rules' and other bogus shit, they exist to make life easier for both people who sign them. I'll sign a contract with my best friend for 15 years just because it lets us know what to expect, not that we're trying to screw each other.

*One person's experience.
posted by Ookseer at 12:14 PM on June 13 [1 favorite]

In addition to the reasons discussed above, did you (or will you) have to pay any kind of up front fee/security deposit? If so, I would get all terms relating to that fee/deposit in writing. You want to know under what circumstances you'll get it back, and under what circumstances the landlord will keep it.
posted by pril at 11:19 PM on June 13