Legal Question in Real Estate Law in California

Re: Do I have 72 hours to cancel a written lease agreement?

Dear Inquirer:

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NOW, IN RESPONSE TO YOUR INQUIRY --

There is one unusual situation in rent controlled areas,

where the tenant has 72 hours to rescind. Otherwise,

unless the rental contract provides for rescision, the

answer is "NO" -- unless you have legal cause (e.g.,

landlord fails to give possession on time, habitability

problems, et cetera.)

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: Do I have 72 hours to cancel a written lease agreement?

The answer is NO, there is no general right of rescission in a written lease. This misunderstanding may arise because there is such a right given, by statute, to purchasers of time-share interests (See Business and Professions Code section 11024).

The general rule is that a contract, including a residential lease, can be rescinded only upon a material breach by the other party.