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    5150blonde's Avatar
    5150blonde Posts: 1, Reputation: 1
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    #1

    Jan 10, 2009, 09:41 AM
    Can we rescind a lease on an apartment in CA?
    My 22 year old, pregnant daughter, just signed ( 39 hours ago) a one year lease on an apartment in CA for which I co-signed. Immediately after signing her doctor called & advised that she is high risk for post partum depression & should not be living alone.
    Does the "right of recission" apply to a lease such as this? Do we have 72 hours to rescind the lease without losing our money? She paid the security deposit & the first months rent but has not moved in. Her rent starts today.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Jan 10, 2009, 10:15 AM

    It's up to the landlord what s/he wants to do. Your daughter doesn't actually have post-partum; she's only high-risk for it. I would get a note from the doctor indicating his/her concerns for your daughter's living conditions, take it to the landlord and ask if they would be willing to let you break the lease. Your daughter may not be entitled to a full refund; some states allow the landlord to collect rent for the term of the lease until a new tenant is found.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #3

    Jan 10, 2009, 10:28 AM
    Quote Originally Posted by 5150blonde View Post
    Does the "right of recission" apply to a lease such as this? Do we have 72 hours to rescind the lease without losing our money?
    Hello blonde:

    The right of rescission only applies to sales that occurred in your HOME. This one probably happened in the apartment building complex.

    Therefore, you are OBLIGATED under the terms of the lease. It doesn't matter that she didn't move in.

    The landlord, however, is OBLIGATED to re-rent the apartment as soon as he can to mitigate your damages.

    The above notwithstanding, nothing precludes you from making an agreement with the landlord limiting your exposure to, say, two months rent in CASH - THIS month, and the next. If your rental market is hot, then that offer is too generous because he should be able to rent it TODAY. If not, then two months might be a bargain.

    excon
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