Legal Question in Landlord & Tenant Law in California
Lease Cancellation
A couple of weeks ago I cancelled my lease. My landlord made me pay a $700 penalty, and made me still obligated to pay the lease until he rents the place. A few days ago, I decided that I want to cancel my cancellation request, and stay in the house. My landlord is now fighting me about it. He won't return my $700, and he says I can't stay in the house. What are my rights? Can I stay in the house until the end of the lease, and can I get my $700 back?
1 Answer from Attorneys
Re: Lease Cancellation
Probably no rights, can't stay, and maybe get a partial refund.
Your facts are unclear. How did you "cancel" the lease? In writing? Orally? How long was the lease? When would the term have ended?
How did he "make" you pay a $700 penalty? Unless, you give proper notice, you do need to pay until it is rerented.
He doesn't have to accept your "cancellation" of the "cancellation". You can't stay, but I would have to know more, such as who, what, where, why, and when? What was your rent? Why leave? How long were you there. etc.?
Give me some more facts (e-mail, or call my office) and I'll try to help more.
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