Q: Unconscionable in landlord tenant law question. If Landlord changes rental agreement to eliminate one tenant
Oral Rental agreement between landlord - room mate - and myself - room mate and myself rented premises - lived in the premises for three years as tenants- Landlord produced rental contract which eliminated myself as a tenant and listed only my room mate - contract was not signed - Since all landlord tenant agreements are considered in court - can the judge revert back to the original oral agreement using this found in 90 1.35
(1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.
A: First, if there is no written rental agreement that is signed, or even agreed to be signed, by the tenant(s), then it is likely not valid or enforceable. If there was a prior oral rental agreement, it likely is still in force until either lawfully terminated or replaced with a new rental agreement, be it oral or written (and signed). This said, I do not see a Judge finding such a situation "unconscionable" and unconscionability is a very difficult case to win in any court. Do understand, however, that if the landlord wants you gone, he can simply terminate your existing oral rental agreement (with proper notice of course) and, if you do not leave, file to evict you. He also can subsequently re-rent to your roommate only is he wishes. So you are unlikely to be able to prevent the end result if it is what your landlord really wants. It is just a question of how long and how much effort it will take. All in all, you need to talk with your landlord to see if something can be worked out.
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