Legal Question in Landlord & Tenant Law in California

My Fiance and I were looking for a house to rent, I found one, went and looked at it and wrote a check for the deposit and told them I had to talk to my fiance. I went on and signed the lease and my fiance was supposed to sign the 2 person lease the next day. He decided it was in a very bad neighborhood and that we wouldn't be taking the house. We never moved in and now they are asking for us to pay them $500.00 or they will take us to court for the entire years rent even though my Fiance did not sign the lease. Can they do that? and we legally owe them anything?


Asked on 2/27/12, 5:50 pm

1 Answer from Attorneys
George Shers Law Offices of Georges H. Shers

If the facts are as you state, then there was only a lease contingent upon his signature and once he decided not to sign the lease remained unexecuted. Basically, you took out an option to rent with the requirement of his approval to make it a binding contract to rent. If they did not tell you any of the deposit would not be returned [charged for the lease option], You are entitled to the full amount back.

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Answered on 2/28/12, 8:56 am


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