North Highlands, CA asked in Landlord - Tenant for California

Q: Can landlord give the property to someone else if the lease was signed and rent was paid and keys were given already?

We signed lease papers and paid first month rent and deposit . Were given a receipt along with keys to the property and the next morning got a call saying they were gonna give it to someone else Is that legal?

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2 Lawyer Answers
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: No. After the lease is signed by all parties, you have an enforceable contract to rent the property. BUT, do you really want to start out a relationship with a screwy LL like this? I would not want anything to do with them. You may be entitled to recover damages from them if you have increased moving or storage expenses or your replacement rental is more expensive. Consider small claims. Under these circumstances, you are entitled to enforce the agreement but the question really is now, do you want to?

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Manuel Alzamora Juarez
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Answered
  • Landlord Tenant Lawyer
  • Berkeley, CA
  • Licensed in California

A: No. Landlord is in breach of contract. If the facts were reversed, LL would sue you. So, get a lawyer to write a letter for you. Best of luck.

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