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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33727
Experience:  Attorney for over 15 years, landlord 26 years
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Is there a cooling off period on commercial leases in

Customer Question

Customer: hi is there a cooling off period on commercial leases in california
JA: Thanks. Can you give me any more details about your issue?
Customer: I signed a new lease with our tenant who said he needed the ability to assign the lease to someone he hoped to sell his business, but we discovered that it was a ploy. there was no plan to sell and he only wanted a new lease for yet undisclosed reasons
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Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 10 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes and ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Unless there is a specific right of rescission in the actual written lease contract, then none exists under CA law. So the instant the lease is signed, it is legally binding if there is no right of rescission..

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So if you entered into a new lease with the tenant, regardless of the reason, I am afraid that it is binding and either of you can hold the other to it.

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As an aside, in addition to being an attorney, I have also been a landlord for over 26 years...

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thanks

Barrister

Customer: replied 10 months ago.
the tenant has not returned the signed lease, yet
Expert:  barristerinky replied 10 months ago.

Did you sign it?

Customer: replied 10 months ago.
Customer: replied 10 months ago.
how long does tenant has to sign lease before its invalid, this was done by email
Expert:  barristerinky replied 10 months ago.

Ok, then your only recourse here is to revoke the offer to lease before it is accepted. The problem is that all he has to do is sign it to accept it and he can just lie and say he has already signed it if he hasn't actually done so.

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But you can always just revoke the lease via email and then refuse to acknowledge it if the tenant tries to state that they have already signed it..

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Then the tenant would have to file suit and allege a breach of contract if they wanted to pursue this..

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thanks

Barrister

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