Legal Question in Landlord & Tenant Law in California

We were renting an apartment in Sacramento, CA, when our lease ran out we signed another 1yr lease. 3 weeks later our appt came to us and said they had messed up on the lease and wanted us to sign a different one. This new one had price changes that we were not ok with, so we found a house and moved. We gave them notice 7 days after they came back to us with the new lease. If they would have given us the correct lease in the first place we could have given them 30 days notice, but since they messed up we couldn't. are we still responsible for the 30 days worth of rent?

Asked on 9/19/13, 7:47 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

It sounds to me like you breached the lease you signed.

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Answered on 9/19/13, 7:49 am

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

It depends on whether you were aware of the mistake on the first lease that you signed. If in good faith, you really thought you were signing a lease at the lower price and there was no verbal discussion of price that would have made the price difference obvious, then you are liable for the lease you signed. In other words, was it a mutual mistake or was it the landlords mistake.

Example: If you knew the lease was discussed as $3000/mo and you signed a lease that was $2000/mo knowing of the mistake, you are liable.

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Answered on 9/19/13, 9:22 am

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