Legal Question in Real Estate Law in California

Sure, a binding lease agreement could be entered into, but it would have to contain a clause making the landlord's coming into lawful possession a condition precedent. I suppose in the eyes of some a contract containing a condition precedent is not "binding," but I think most lawyers would say the contract (or lease) was binding despite having one (or more) conditions precedent. Such a condition is really just one more contract term.