Legal Question in Landlord & Tenant Law in California

Can I get out of a lease if I didn't occupy the apartment and never paid the first month rent? The contract says moving date is 11/13/2011 and I advised leasing office that i didnt want the apartment on 11/14/2011


Asked on 11/19/11, 10:51 am

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

Having prevented the owner from being able to rent the unit to someone else, probably for at least a month before they would move in if not more likely 6 weeks [they have to give 30 days notice to their current landlord and few people move during the Christmas season], and not telling them until after your scheduled move in date, why would you think you could breach the agreement without having to pay something? You are liable for the term of the lease, with the landlord having to use reasonable diligence to mitigate the damages by trying to find another renter. Since you waited until after the lease was to start, do not expect them to cut you any slack. They will demand full payment for the first month and the security deposit. Your not having paid anything yet does not matter as to your contractual obligations.

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Answered on 11/19/11, 11:08 am


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