Legal Question in Business Law in California

cancelation of lease agreement

I had a potential renter who signed the lease agreement and paid the deposit, but now he is deciding not take the place and wants me to return all of his deposit. I waisted a lot of my time and engery placing the ad and lost other potential renters. Now I have to place the ad again and basically restart the process. My question is can I withold some of the deposit if he is breaking the agreement.


Asked on 1/04/07, 4:33 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: cancelation of lease agreement

Yes.

All of this is covered in the Civil Code, mainly section 1950.5, but the section is very long and a little complicated, so my advice is to buy one of the paperback "self-help law books" on how to be a landlord or tenants' rights. Make sure it is California oriented. Nolo Press is a publisher that comes to mind, but there are others. The book will help answer other questions that come up in the course of being a landlord.

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Answered on 1/04/07, 4:42 pm


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