Legal Question in Real Estate Law in California
lost $800 after only 12 hours
Although at the time of rental agreement, I signed a paper that stated that the landlord received $400 deposit + $400 first month rent, and that I have to stay at least six months. I changed my mind about renting the room after only twelve hours after signing that contract. The landlord now refuses to refund not even a penny because I've signed the agreement. Is there a law providing a cool-down period during which a tenant can change his/her mind about renting a unit? Is it legal for the landlord to do such thing? I understand that I might have to go to small claims court to get some or all of my money back. I just feel that the landlord made an easy $800 in just 12 hours. Isn't there some kind of law providing a fair amount of time for a person to rethink?
2 Answers from Attorneys
Re: lost $800 after only 12 hours
You have several options. You can live in the apartment. You can (unless prohibited by the lease, and perhaps even then) sublease
the apartment, in which case you are still responsible for paying the rent, and for any damages, but can collect from the subtenant.
If you decide not to move in, the landlord can only keep the amounts he is damaged. If he re-rents quickly, that will be only a small loss of rent, plus the
expense of rerenting. If the place stays vacant, despite reasonable effort to re-rent, then conceivably it could be the entire six months (for which you have
already paid one month and have another month paid as "security").
Often, in small claims court, the judge will not believe a place could not have been re-rented in a month, and will give you back some of your funds.
But there is no cooling off period or right to change your mind, unless you were deceived in some manner.
Jed Somit
Jed Somit, Attorney at Law
1440 Broadway - Suite 910
Re: lost $800 after only 12 hours
There is no cooling off period. Not only will you not get your $800 back but the landlord can sue and collect the entire 6 months rent.
Ken Koury
Kenneth P. Koury, Esq.
5807 Topanga Cyn Blvd., Suite G-201
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