Q: Can a landlord cancel a lease after it's been fully executed in CA?
We signed a lease on a condo yesterday, it is fully executed by all parties. Since it was fully executed, I let our current landlord (who had given us notice as they have to move back to their condo) that we would be out at the end of February. I scheduled movers and utilities for the new location, and our current landlords scheduled to move in on March 1. Last night, I got a call from the real estate agent that the new landlord now had 'concerns' about my credit score, and wasn't sure, and wanted further explanations. I have not yet heard back after giving my explanations, and am quite nervous. However, I do have a fully executed lease. Can the landlord cancel this since I have not yet moved in? I don't see anything in the document saying she can. We have not given the deposit nor first months' rent yet.
A:
Disclaimer: The materials provided below are informational and should not be relied upon as legal advice.
You need to read over your lease and see what are the conditions precedent for the lease taking effect. Of course, both the landlord and the tenant need to execute the lease, but sometimes there may be other prerequisites such as delivery of a deposit, etc. If all conditions are met, the landlord cannot unilaterally try to back out, and if she/he does, you can sue for breach. Be sure to consult your own attorney to protect your legal rights.
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