Are email agreements and already-move-in enough to form landlord-tenant relationship?

Question

I recently rented a bedroom from a home owner in California. We communicated through emails, so the agreement was also in the emails. Since she didn't sign a lease, she emailed that I have the freedom to leave anytime I want.

After I moved in, I realized she was treating me in inhumane ways, i.e. since my room is isolated from the main house, she didn't provide central heating like she promised. There are other crazy acts she did to me.

Also, after I moved in, she requested a bunch of my private sensitive info saying that's the usual rental process. Since she has been acting out of the line more and more and seems mental, I emailed her back and said I'd provide all the legal info necessary if she signs a rental lease, which will protect both sides. Then she exploded and wanted me to move out.

Now, here is my question: I already moved in for a few days, and we have email agreements about the rental. Are these enough to establish landlord-tenant relationship?

p.s. I'm concerned she might throw away my personal belongings when I go out. What should I do?

Answer 1

I already moved in for a few days, and we have email agreements about the rental. Are these enough to establish landlord-tenant relationship?

Yes. It is unclear whether the emails also reflect the landlord's statement that you may terminate the lease anytime you want, but emails constitute evidence of the formation of a contract.

The lack of promised heat as well as any material breach of the agreed conditions may be brought to court, which would seemingly take place in Small Claims court.

I'm concerned she might throw away my personal belongings when I go out. What should I do?

Look for arrangements elsewhere that would allow you to store your belongings on a short notice if need be.

If you believe things could escalate, you might want to inquire at your local police station and present some evidence so as to create a record/report. That might reduce the chances for police to preemptively side with the landlord, since the police knows it is more common for a landlord to end up renting to unruly tenants than for tenants to end up with a mentally unstable landlord.

One problem with court proceedings is that they take too long and therefore are typically useless to redress this type of matters when they become urgent. There are exceptions, such as ex parte restraining orders, although I unsure whether your situation would qualify because it does not reflect so far that you are at imminent risk of suffering what courts consider serious harm. Although the landlord's episodes of getting mental might turn out to be dangerous, your continued renting there would weaken the argument that you perceive the situation as too risky for your safety.