Tenant breaks lease same day as signing it.

[Mhami]

We have a rental house located in Pleasanton, CA that was recently leased to a person who was moving in from out of town. Because of this she sent the first months rent and security deposit with out seeing the house, except for a picture of the outside that was taken by a friend of hers. To make a long story short, she signed the lease before actually seeing the inside of the house. After she signed the lease and was given access to the premises, she backed out of the agreement.

We held the house for three weeks assuming that she would move in. Quickly after we were informed that she wanted out, we contacted the other people who were interested and found a new renter within 10 days. As such we withheld rent for the first half of August.

Is this legal?

Marianne

[This message has been edited by Mhami (edited August 18, 2000).]

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Mhami:
We have a rental house located in Pleasanton, CA that was recently leased to a person who was moving in from out of town. Because of this she sent the first months rent and security deposit with out seeing the house, except for a picture of the outside that was taken by a friend of hers. To make a long story short, she signed the lease before actually seeing the inside of the house. After she signed the lease and was given access to the premises, she backed out of the agreement.

We held the house for three weeks assuming that she would move in. Quickly after we were informed that she wanted out, we contacted the other people who were interested and found a new renter within 10 days. As such we withheld rent for the first half of August.

Is this legal?

Marianne

[This message has been edited by Mhami (edited August 18, 2000).]<HR></BLOCKQUOTE>

Like the single bachelor said I need dates. What date did the lease start for the backed out tenant and what date did the lease start for the new tenant? Did the newest tenant move in 10 days after the start of the first lease term and you withheld rent for 15 days?

 

[Mhami]

I am not single , but I've got dates.

7/19 -- Tenant expressed interest and mailed in $$.

7/22 -- Received check for first months rent & security deposit.

8/3 -- Lease commencment date.

8/3 -- Very late in the evening we were informed that tenant did not want the house. No great reason was given. We were told that she was afraid to live there, that she thought it had two bathrooms (vs. one), and that she thought it was inhabitable.

8/4 -- We called prospective tenants that showed interest when the original newspaper ad was placed.

8/5 -- We found a new tenant who was interested in the place, but could not move in until the 15th.

8/15 -- Lease commencment date for new tenant.

This may be more than you wanted to know. We paid her back the entire security deposit and withheld the rent for August 3, - August 14. A total of 12 days.

They are also claiming that the lease is invalid because we did not get both signatures. We only got the girls signature and her boyfriend is also on the lease. We could not get his signature because he didn't show up to sign the lease. We think that he was hiding a dog that they were not supposed to have.

Any help is greatly appreciated.

Marianne

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Mhami:
I am not single , but I've got dates.

7/19 -- Tenant expressed interest and mailed in $$.

7/22 -- Received check for first months rent & security deposit.

8/3 -- Lease commencment date.

8/3 -- Very late in the evening we were informed that tenant did not want the house. No great reason was given. We were told that she was afraid to live there, that she thought it had two bathrooms (vs. one), and that she thought it was inhabitable.

8/4 -- We called prospective tenants that showed interest when the original newspaper ad was placed.

8/5 -- We found a new tenant who was interested in the place, but could not move in until the 15th.

8/15 -- Lease commencment date for new tenant.

This may be more than you wanted to know. We paid her back the entire security deposit and withheld the rent for August 3, - August 14. A total of 12 days.

They are also claiming that the lease is invalid because we did not get both signatures. We only got the girls signature and her boyfriend is also on the lease. We could not get his signature because he didn't show up to sign the lease. We think that he was hiding a dog that they were not supposed to have.

Any help is greatly appreciated.

Marianne<HR></BLOCKQUOTE>

Based on your dates, you have withheld the correct amount of rent.

The tenants claim that the lease is invalid is pure dogwash. There is a principal tenancy issue in the L/T law of "jointly and severally". Furthermore as long as one tenant signs, the lease is valid and enforceable.

Even if the dog were to execute the lease (legal paw print) in place of the boyfriend, the lease would still be legal under the canine clause Section K9.

 

[Mhami]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
Even if the dog were to execute the lease (legal paw print) in place of the boyfriend, the lease would still be legal under the canine clause Section K9.<HR></BLOCKQUOTE>

Cute! Thanks for your input. I did a lot of research prior to withholding the money and thought that I was handling it correctly. Although when I hear the legal threats, it worries me that I may have missed some important law.

Marianne

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Mhami:
Cute! Thanks for your input. I did a lot of research prior to withholding the money and thought that I was handling it correctly. Although when I hear the legal threats, it worries me that I may have missed some important law.

Marianne

<HR></BLOCKQUOTE>

You did the right thing by doing your diligent research. I commend you for that. You also did the right thing by using this freeadvice website.

Sincerely, DogGone