Legal Question in Landlord & Tenant Law in California

get rid of rental contract

I signed 1 year Rental agreement on April 29th, 2009 without my wife�s knowledge, saying that I will move on June 1, 2009, only if my wife likes the apartment because her name is also on the contract. And she said ok. So I took her to show the apartment in the next morning at 9 am on 30th April, 2009. And my wife said, she did not like the apartment with some reasons-small kitchen and bathroom, no storage, and the area.

And I informed the Owner at 10 am on 30th April, saying that, we don�t want to move in as my wife did not like the apartment and, same thing was said to the owner before signing the contract( if my wife does not like it, we will cancel the contract). Now how can I get out of the contract without paying any money? As the owner is saying, I signed the contract and, I am liable for rent if I don�t move in. Can she force me to do so? Please advise me in this regard.


Asked on 5/10/09, 2:49 pm

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

Re: get rid of rental contract

We have answered this question several times. You finally include enough facts. Your contract does not become binding until the future condition of your wife giving her approval occurs. As she will not give her approval, there is no binding contract and you owe nothing. It is similar to your telling a merchant that if you have 6 ducks ready for me to pick up on Tuesday I will buy them; if the ducks are not there until Thursday you owe nothing.

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Answered on 5/10/09, 9:23 pm


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