A California landlord and a tenant agree by telephone to a month-to-month tenancy at $2,000 a month, and the tenant moves in and pays the first month's rent. Which element is NOT required for that agreement to be enforceable?
Correct Answer
A) A writing signed by both parties
Civil Code section 1550 lists the elements of every contract: parties capable of contracting, their consent, a lawful object, and consideration. A writing is a separate question governed by the statute of frauds, and Civil Code section 1624 requires one only for a lease longer than a year. A month-to-month tenancy runs one month at a time, so an oral agreement the parties have acted on binds both of them, even though a written agreement is far better practice and is how California's notice and disclosure requirements are usually satisfied.
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Related Topics & Key Terms
Related Topics:
Key Terms:
Related Concepts
Fair housing laws apply to a broad range of activities related to housing, including sale, rental, financing, and advertising.
A seller's disclosure statement is a form that sellers complete to inform buyers about the condition and history of the property, including known defects, past repairs, insurance claims, and environmental issues.
Many states and localities have fair housing laws that expand upon the protections offered by the federal Fair Housing Act.
More Practice Of Real Estate Disclosures Questions
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