Legal Question in Landlord & Tenant Law in California
Cancellation of Lease
Does a signed lease agreement automatically become null and void if, 2 weeks before the effective date of the lease, a co-signer changes his mind about co-signing, the landlord informs the tenant via telephone that he is no longer willing to go through with the lease, and returns the uncashed deposit check to the tenant? The landlord still has the signed lease in his possession. Is there anything the tenant should do to protect himself from the landlord later claiming monthly rent payments under the lease?
2 Answers from Attorneys
Re: Cancellation of Lease
I would send a confirming letter to the landlord stating what happened, and include a copy of the returned check. I'd send it certified mail/return receipt requested so I could show a receipt from the landlord if the issue is ever raised again.
Re: Cancellation of Lease
Follow Mr. Moerbeek's advice.
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