Legal Question in Landlord & Tenant Law in California
Breaking lease before occupancy
We leased a house last week. After meeting with the landlord to pick up our keys (he had allowed us to move items into the house before the lease term began) we realized two things that gave us red flags. First, he wanted to tell us how to live, down to what cleanser and sponge to use and second, he told us he did not want us to associate with a certain neighbor. So the next day, still two weeks before the beginnning of the lease period, we told the landlord that the house was too small (which was also true) and that we would not be leasing it after all.
We came home and put a stop payment on a partial security deposit and notified the landlord's agent, who served both the landlord and us. THE QUESTION: Can we break a lease before actual occupancy and not be required to pay the rental installments? (This house had been vacant for eight months and the landlord told us he did not need to rent it, that he was ''doing us a favor''.
1 Answer from Attorneys
Re: Breaking lease before occupancy
Technically, if you signed the lease, submitted a security deposit that was cashed, and paid your first month's rent, you are bound by the contract. However, since you have not taken possession, you may be able to just walk away. I would try to get the landlord to cancel the contract, just to be sure. Good Luck
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
