Legal Question in Real Estate Law in California

right of recision

If a tenant signs a lease one day and changes his/her mind less than a day later, what are his/her rights of recision in the State of California, specifically San Diego.

Can that tenant back out of the lease without losing his/her deposit?


Asked on 3/30/02, 8:49 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: right of recision

Don't know about San Diego, but in California generally there is no right of rescission for residential leases. There is, however, a policy of limiting damages to whatever the landlord actually sustains after making a bona fide effort to limit his losses from your breach. In a reasonably strong rental market your one-day turnaround probably isn't going to cost the landlord enough lost rent to make suit worthwhile, but you never know. In any case you need to communicate clearly and try your best to talk your way out of legal action.

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Answered on 3/31/02, 11:28 pm


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