Legal Question in Landlord & Tenant Law in California

release from lease

I signed my lease last Friday but have yet to move in. Between last Friday and today, I have seen numerous live/dead roaches even though they sprayed. Can I get released from my lease? If so, what happens to my sec. deposit?


Asked on 11/22/08, 12:22 am

1 Answer from Attorneys

David Gibbs The Gibbs Law Firm, APC

Re: release from lease

You can certainly attempt to cancel the lease, but be prepared that if they have taken it off the market and/or passed on other qualified tenants, they will pursue you for damages regardless of whether you are right or not. If you gave them a deposit, be prepared that they will not voluntarily return it, and you may have to go to small claims court to get it back.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 11/24/08, 1:17 pm


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