Legal Question in Real Estate Law in California

Urgent - Lease Agreements

I have just signed a one-year lease with my husband. Can we break it and get our money back since we haven't taken possession of the property? I signed today, do I have three days by law to terminate the contract? We signed quickly and after signing realized the floor in the upstairs bathroom is ripped up and the carpeting in the apartment very old. Is the landlord obligated to change the carpeting for us? The previous tenant lived there for 4 years. Can they collect rent for these days that they are replacing carpet, fixing floor, installing screens on the patio and balcony doors and we have not moved in yet?


Asked on 1/25/05, 12:07 am

1 Answer from Attorneys

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

Re: Urgent - Lease Agreements

Unfortunately the answer is no to most of your questions. Taking possession isn't necessary to make the lease effective and binding, nor is there a three-day cooling-off or rescission period.

The best news is that the landlord's damages at this point are pretty minimal; he has to take reasonable steps to re-rent to mitigate his damages, and must return any portion of your deposit that doesn't represent his true damages (whoich would be the added vacant time plus costs of re-advertising and a few other items.

Finally, landlords don't have any obligation to replace carpets, paint, landscape, removel, etc. to any set level or on any particular schedule. It's a market-driven decision. Their obligation is limited to things like operating plumbing, safe doors and windows, weather-tight structure, deadbolt locks, vermin-free sanitation, and a few other such items.

I haven't done landlord-tenant work in years, and there may be some new twists. By the way, LawGuru has a separate category for landlord-tenant and you might get a more up-to-date opinion if you re-asked your question under that category.

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Answered on 1/25/05, 2:44 am


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