Legal Question in Landlord & Tenant Law in California

Signed Lease Early, Now We Don't Want The House

My wife and I signed the papers to lease a house on 8/15/07 for one year. The lease begins on 8/24/07. We just did the walkthru on 8/20. We were unhappy with the walls being dirty. The owner of the house said he’ll give us $300 to buy paint and for us to paint it ourselves. I don’t think we should have to paint it ourselves. He should have it done. We told them we don’t want the property anymore. He said he won’t give us back our deposit and will hold us responsible till the house is rented. And threatened to go to court. Legally could we say we don’t want the property anymore since the lease hasn’t started yet? Is he legally right?


Asked on 8/22/07, 3:18 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Signed Lease Early, Now We Don't Want The House

You have signed a contract, and are bound by the law of contracts. You are supposed to read what you sign (I am sure you didn't), and supposed to walk through before signing on the dotted line.

Legally, the landlord is correct. The premises may not be occupied yet, but the contract began the moment it was signed.

You may have some defenses such as fraud, mistake, etc., but the landlord can keep your deposit, although he must rent it as soon as possible.

A tricky point in your favor may be if he does actually paint the walls before re-renting it.

I suggest that you retain a lawyer to write a demand letter, and examine the lease, and try to find some defenses, or mitigation for you---especially if he paints, or delays in finding a renter, or does other unsavory things such as raise the rent to more that he was going to rent to you.

Good luck! E-mail, or call, if you need more.

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Answered on 8/22/07, 9:20 pm


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