Santa Clara, CA asked in Real Estate Law and Landlord - Tenant for California

Q: Lease application got cancelled as the person changed their mind

I recently moved to California for a job, I submitted my application for taking over someone's lease. After two weeks of the application he told me that his visa (he is moving to some other country) got delayed and now he cannot rent it to me.

The problem is that I have spent countless hours in searching and finalizing a place, said no to other people. I have also booked an airbnb waiting for the other person as he was moving on odd dates. Because of this I have to start the process again and spent even more money on airbnb until I find the place. Is there a legal re-course for me?

1 Lawyer Answer
Rogelio (Rod) B. Tuazon
Rogelio (Rod) B. Tuazon
Answered
  • Landlord Tenant Lawyer
  • Ventura, CA

A: If you can prove that you have been reasonably induced to rely on a promise that the other party made, you may file a “detrimental reliance” claim if you can prove that the reliance caused you to suffer some kind of a harm or loss. If you had the agreement in writing, you would only need to prove the “reliance” and “detriment.” Otherwise, in most cases, you would need to establish and prove that there was an agreement first before you may claim “detrimental reliance.”

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