Legal Question in Real Estate Law in California

30 days to cancel?

My wife and I just moved to California for a 3 month stay. We signed a short term lease for an apartment which we have now decided we do not want to stay in. I have been told that as long as it has been less than 30 days since we signed the lease we could break it. Is this true?


Asked on 9/29/06, 10:03 pm

1 Answer from Attorneys

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

Re: 30 days to cancel?

No.

California grants a rescission period for certain contracts, but leases of residential property along with most other contracts are binding when signed and delivered.

You may have other defenses and the landlord's right to recover damages is limited by and conditioned upon his making a reasonable effort to mitigate his losses by renting to another tenant.

What you've heard is perhaps someone's wishful thinking or a bad rendition of a law applicable to some other situation.

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Answered on 9/29/06, 10:13 pm


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