Full question:
Yesterday May 3rd, My husband and I signed a lease to start renting a house starting June 1st. We wrote a check for $2,400 ($1,200 June Rent/$1,200 security dep). Today May 4 (24 hrs later) my husband got turned down for social security disability. Is there a period of time in which we can cancel the lease. It doesn't specify on our 'run of the mill' lease. How much time do we have to cancel, how do we do it, and what are we entitled to receive back?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: California
Answer:
Generally, there is no automatic right to cancel a lease simply because of a change in financial circumstances, such as a denial of social security disability. To terminate a lease, you typically need to review the lease agreement for any specific clauses regarding early termination. If the lease does not provide such a clause, you may be liable for the rent for the entire lease term.
However, if you wish to terminate the lease, you should provide written notice to your landlord. In California, for a month-to-month lease, you must give notice equal to the rental payment period—usually thirty days if rent is paid monthly. You are also responsible for paying rent during this notice period.
Regarding your security deposit, California law (Cal. Civ. Code § 1950.5) states that landlords must return the deposit within twenty-one days after you vacate the premises, minus any lawful deductions for damages or unpaid rent. If you cancel the lease and move out, you should expect to receive your security deposit back, minus any deductions for damages beyond normal wear and tear.
It’s advisable to communicate openly with your landlord about your situation, as they may be willing to work with you to find a solution.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.