Landlord Question and Answer Forum
Hi All,
I am in CA, if I have a tenant changed their mind after paying the deposit and sign the lease, I think I have to refund him/her 100% if it is within 3 days, right? What if it is after 3 days? Consider that as breaking the lease? I can hold the deposit and continue charging their rent till I get the place rented? Any suggestions?
Thanks!
Yanping Z, CA on Monday, October 14, 2013
RE: Change mind of sign lease after 3 days before moving in -- CA
EZ M,
There is no timeline indicated in CA landlord-tenant law, but 3 days is very reasonable. The security deposit should be returned in full and you have to find a new tenant.
Posted by
Claire S, CA
on
Friday, October 18, 2013
RE: Change mind of sign lease after 3 days before moving in -- CA
If a tenant signs a lease and pays the security deposit and within three days, changes their mind, I think refunding is the right thing to do and though it may not be specifically defined in the law, it does align with signing any contract in California and allowing the three day cancellation. BUT if after three days they cancel, I would not refund their deposit because I cancelled my search for tenants and it puts me a week or more behind when I could have rented to someone else. I don't think you can sue them for breach of contract since they never took occupancy. I'd make sure the 3 day, no deposit refund was clearly stated in the lease agreement.
Posted by
Polly R, CA
on
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