Legal Question in Real Estate Law in California

Re: Can a rental agreement be broken if it is broken prior to the date stated on

The rental agreement is valid and enforceable. If you break it, you will be liable for the cost of re-renting it (ads, commissions, etc.) and for lost rent.

Re: Can a rental agreement be broken if it is broken prior to the date stated on

Nice try. Won't work. Better leave the legal manuevering up to the attornies. If you want out of the agreement and you have already moved in, just do not pay your rent. The landlord will get so mad at you for not paying your rent he will give you a 3-Day notice to pay rent or quit. The notice will include "owner hereby elects to declare a forfeiture of the lease." Just move out in those three days, turn over your keys and get a signed receipt for the keys. When your lanldlord asks you to pay past due rent ask him what does "forfeiture of the lease" mean, and watch your landlord turn beat red when he realizes you just beat him at his own game. If you have not moved in yet, then just tell the landlord you do not have the 1st month's rent, but you will in good faith pay him when you can. Then say, "when do I get to move in?" The landlord will probably agree to rescind the lease instead of letting you live there without paying rent. If you have made a deposit, you may be screwed out of it, but I would at least try to say that if he is going to hold you to the contract then you are going to move in. Either you have a contract or you do not. Which one is it?. Don't let your landlord burn you out of your money--Act like you are going to move in unless you get your deposit back.