Legal Question in Landlord & Tenant Law in California

I had a verbal agreement with my future landlord to rent his property because his tenant is moving out. He offered me the place and I accepted. He then stated he'd be email me the rental agreement and for me to sign it and give it to him the next day with a $300 hold for deposit (I signed the agreement right after that call and made out a check). Right after his call I let the person interested in my lease know I got the place and we can sign the sublease now. We did. After that, later that day of his email, he emailed me back (a few hours after his original email stating I got the place and what to do from here on out) and he said that unfortunately the tenant changed her mind at the last minute and he could no longer offer the place to me. Can he do this? Thought no $$ was collected from me to him yet nor does the lease have his signature because I was to meet up with him the very next day after I received it. We had a verbal agreement along voicemail's & emails backing up our verbal agreement for me to take over the place. Now i'm stuck, and in one week I'll be homeless. Is there any legal recourse I can pursue?


Asked on 10/27/12, 6:31 pm

1 Answer from Attorneys
Daphne Macklin Law Office of Daphne L. Macklin

As long as the individual who offered you the unit and then revoked the offer refunds you your entire payment, then that person is basically protected from any actions by you. Your recourse is to move as planned but possibly to a place that is less desirable, or to renegotiate with your subtenant.

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Answered on 10/28/12, 10:25 am


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