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View Full Version : lease w. free rent,but eviction,any court cases with free rent California


Calif265
10-25-2007, 10:56 AM
My ex boy friend, employer, landlord is evicting me. Court ruled in favor, because of "nobody is supposed to live rent free." I have legal residential lease signed by both parties, for 12 months, rent filled out as n/a. Plaintiff changed his mind and is evicting me. Can any one point me in the direction of any court ruling in which landlord lost, since he decided to give me this lease agreement, which should be binding and legal?

seniorjudge
10-25-2007, 12:25 PM
If no rent was charged, then that means there was no consideration, thus, there is no contract.

Calif265
10-26-2007, 05:26 AM
Thank you for your answer, but isn't it true that in civil law, there doesn't have to be consideration. As in "I give you this book, we both sign on that and that means both parties agree that book is mine and I don't have to give it back"? Only in contract law, both parties have to gain by signing contract? Ex boyfriend gave me much more, doesn't ask for it back, so the history is there that he gave "gratis", doesn't a rent free lease just add up to the list of things he wanted me to have. Then what good is a contract in the eye of the law, I am not looking for gaining unfairly, but more for principal and justice (based on the law). It sounds more that I am not in breach of contract?

Troubleshooter
11-04-2007, 10:58 PM
A gift is not a contract, but it has its own legal status. Once something is given as a gift, the giver loses all control over it.

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