Legal Question in Real Estate Law in California
Landlord backs out on lease
After signing a lease and providing the landlords (owners of the condo. I was to rent from)with a security deposit, they informed me that they could no longer rent to me (just a week or so before the move in date) becasue they (husband and wife) were seperating.
Just looking for any info. that might help me in this situation. Are the landlords liable for anything? I did get the security deposit back.
Thank you.
1 Answer from Attorneys
Re: Landlord backs out on lease
The owners' separation would have no effect whatsoever on the validity of the lease. Neither would their deaths, their selling to someone else, their conviction for treason, or any other event I can think of, possibly short of a court finding them insane at the time of contracting with you and therefore incompetent to make a binding contract.
A lease is binding, and change in the marital, health, ownership or aliveness state of the lessor is immaterial to the rights of the lessee.
You should not have accepted the return of your deposit. If you wanted the place, you should have told them "tough luck on the separation, but that's not my concern" and moved in as called for in the perfectly valid lease.
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