Legal Question in Business Law in California

Rental Agreement

On August 20th I signed a month to month rental agreement and issued a check for the security deposit. Upon my return home, about 20 minutes later, I realized that I would not have the money to cover the deposit. I immediatly called the renter and told him the circumstance and informed him that I would not be able to take the apartment. Is there any legal action that could be taken against me? If so what am I liable for?


Asked on 8/21/02, 2:28 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Rental Agreement

You have two potential problems: a signed and presumably enforceable contract for a rental, and a bad check. Your prompt notification of the landlord or agent will go a long way to providing you a defense if action is taken against you on either the contract or the check.

My advice is to put the notification in writing and hand-deliver it immediately, then after giving your explanation beg for mercy. If the renter is not mean-spirited, they may be willing to tear up the rental agreement and bad check.

I don't think it's too likely either matter will be pursued either through small claims on the rental or the DA's office on the check, but you do have some exposure and you are better off to be in communication with the renter than to hide.

Read more
Answered on 8/21/02, 2:58 pm


Related Questions & Answers

More Business Law questions and answers in California