Legal Question in Real Estate Law in California
My daughter just signed a lease for a home in Annahiem, it was signed under a great deal of pressure from her husband (duress). They have been living apart and this is now an attempt for them to reconcile. She now finds that her 15 yr old daughter will not move in with her as she refuses to be caught up in the tumultuous relationship between our daughter and the husband. Can she get out of this lease? is there a cooling of period for lease contracts?
1 Answer from Attorneys
For a standard residential lease there is no such thing as a cooling-off period in California. Sounds like your daughter was subjected to undue influence from the husband, not duress. Duress describes a different type of conduct, as defined under California Civil Code section 1569.
However, if your daughter signed it under undue influence, then the lease, like any contract, can be rescinded. She could talk to the landlord and give them the true facts and request that the lease be rescinded. If they don?t agree, she would need an attorney?s help to possibly file a rescission lawsuit in court because to prove undue influence is not going to be easy to do by oneself.
Larry Liem Doan, Esq.
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