Legal Question in Real Estate Law in California

A signed rental contract

A rental least was signed and money was given. The landlord voided the contract after we signed an agreement and gave her money. Can I sue her for this?


Asked on 3/21/04, 2:59 pm

3 Answers from Attorneys

Ken Koenen Koenen & Tokunaga, P.C.

Re: A signed rental contract

Yes, if the landlord also signed the contract.

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Answered on 3/21/04, 3:19 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: A signed rental contract

Yes. But, what are you damages. Also, a final assessment must await a review of the written agreement.

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Answered on 3/21/04, 9:03 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: A signed rental contract

You don't say whether the landlord signed the contract as well as yourself. If he didn't sign, you are entitled (at most) to the refund of any money you advanced. Within limits, the landlord is entitled to charge a small application or credit report fee. Possibly, but not usually, there could be some other justification for his retaining part of money you put up as a deposit.

If, on the other hand, the landlord signed the lease, you would have not only a claim for refund of the advance, but also for damages for breach of contract. The landlord might have defenses, e.g. false statements in your application. Otherwise, the real question is the amount of your damages. If you had made substantial commitments in reliance on moving in, and/or couldn't quickly find a substitute apartment, your damages could warrant a small-claims suit.

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Answered on 3/21/04, 11:03 pm


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