Legal Question in Real Estate Law in California

Can i get oout of a renatl agreement and get my deposit and first months rent if i have not moved in property. Signed agreement 5 days ago.


Asked on 2/12/12, 7:53 pm

2 Answers from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

A rental agreement is a contract, and you are proposing to breach it. The question should be "what are the landlord's damages going to be," not "can I get out of......."

However, if you act promptly so that the landlord has the maximum opportunity to re-rent to someone else, his damages will be minimized. Your obligation to pay rent of the particular premises will end when the landlord is able to rent it to someone else on similar terms.

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Answered on 2/12/12, 11:46 pm
Anthony Roach Law Office of Anthony A. Roach

Your are not going to get the deposit back if it was a holding deposit. I agree with Mr. Whipple as to the other issues.

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Answered on 2/23/12, 9:20 am


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