Legal Question in Real Estate Law in California

I wanted to cancel my rental lease agreement before the move-in date. I signed the lease, and paid the deposit but have not moved in yet. The agency told me that I had to pay half month's rent plus the amount until the new tenant moves in. This is their lease break procedure written in the lease contract, but there is no specification for early termination before the move-in date. Can they charge me for the amount until the new tenant moves in? Is there a regulation for this? (San Jose, CA)


Asked on 2/05/14, 1:02 pm

1 Answer from Attorneys

They are legally entitled to charge you rent once you sign the lease, no matter whether you move in or not. The lease is binding when signed. They are obligated to re-rent the property as soon as possible. They are entitled to charge you rent until the new tenant takes possession of the premises.

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Answered on 2/06/14, 11:53 am


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