Legal Question in Real Estate Law in California

I have a home that we decided to rent. Got a tenant to sign a 1 year lease agreement on July 28th, 2015 with a lease start date of September 1st, 2015. They would be moving in August 28th, 2015. I was informed yesterday over the phone August 23rd, 2015 that they decided not lease my home. When we signed lease agreement, no security deposit was collected or money was exchanged. What is he liable for? he offered to pay rent for september to buy out the lease. because he feels bad for putting us in this situation?


Asked on 8/24/15, 2:16 pm

1 Answer from Attorneys
Nicholas Spirtos Law Offices of Nicholas B. Spirtos

Generally, a tenant that signs a lease is obligated for the entire lease amount. But, the landlord is also required to mitigate his damages and find a new tenant. The rental market is very strong so you should have no problem finding another tenant. If this tenant is offering to pay one month's rent, that is a pretty good deal. To get anything more, you will have to go through litigation. That will take time, energy, money. My recommendation would be to take the rent he is offering and find a new tenant. But in the end the decision is up to you.

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Answered on 8/25/15, 7:41 am


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