Legal Question in Landlord & Tenant Law in California

termination of rental agreement prior to moving in

I have signed a rental agreement & have given a security deposit to landlord. I am scheduled to move in this weekend. i am not intending to move in due to neighbors. What are my options for terminating agreement prior to moving in?


Asked on 6/02/05, 4:06 pm

1 Answer from Attorneys

J. Spikes Property Law Center

Re: termination of rental agreement prior to moving in

If you don't want to pay any rent, even the first month's, you can try to negotiate fair and reasonable terms with the landlord.

You are required to give only 30-days notice, so if you inform the landlord immediately that you intend to terminate the tenancy, the landlord may legally keep only that first month's rent.

During that month he should find another tenant. Since you never occupied the apartment, and therefore could do no damage, he should refund the entire security deposit. If you haven't yet paid, or don't intend to pay the first month's rent, the landlord may keep one month's rent worth of the security deposit.

The longer you wait to tell the landlord, the more rent you will have to pay.

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Answered on 6/02/05, 9:12 pm


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