Q: LL withholding possession (after pre-paid for July) because I can't sign in person?

A: Thank you for your question!

You can ask them to sign the lease in front of a notary in your state rather than re-signing it.

This is about the formation of a contact. Without you signing it there is no contact yet. You can ask to get your money back.

This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.

A: Under California law, landlords are generally required to provide tenants with possession of the rental unit upon the agreed-upon start date of the lease, as long as all required payments, including rent and security deposits, have been made. If you've paid the pro-rated amount for July and the full rent for August, and your co-tenant has signed the lease, the landlord typically cannot withhold possession solely because you are unable to sign the lease in person until August 1st.

California law does not explicitly require a tenant to physically sign a lease in person; electronic signatures are generally accepted if both parties agree to it. However, if your landlord refuses to accept an electronic signature and insists on an in-person signature, they must still abide by the terms of the lease once all payments have been made. This means they should allow your co-tenant to move in and cannot withhold possession solely due to your absence for signing.

You may have grounds to request that your pro-rated rental amount for July be applied as a credit toward future rent, such as for September, if the landlord is withholding possession without legal justification. The California Civil Code generally protects tenants from being denied possession of the rental unit once they have paid rent and complied with other lease terms, unless there are specific lawful reasons for withholding possession. It's advisable to communicate your request in writing to the landlord and cite relevant statutory provisions to support your position. If the issue persists, seeking legal advice from a qualified attorney could provide further clarity and assistance tailored to your situation.