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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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Can I cancel my agreement with a tenant before they move in

Customer Question

Can I cancel my agreement with a tenant before they move in after we sign a binding contract last night ?in california
Submitted: 5 months ago.
Category: Landlord-Tenant
Expert:  MDLawyer replied 5 months ago.

Hi Christi,

When you say there is no termination clause in the contract, do you mean that there is zero language discussing what happens if either the tenant wants to move out early or if the landlord terminates? How long was the lease for that you signed with them?

Customer: replied 5 months ago.
there is term clause and the term of this rental shall begin on July 23, 2016 and end on Aug 1, 2017 and thereafter shall be month- month on the same terms and ocndisitona s stated herein save any changes lawfully made until termination passion kobe 7/9/16 physics possession - if owner is unable tod deliver passions of premises at eh commencement of the term. Owner shall not be liable of any damage cause they and nor shall this agreement be void or voidable and but tenants hall not be lab eft any rent until posseision is delivered. rent hTERMINATION- IF TENANT INTENDS TO VACATE AT THE END of the original term of this agreement, or for any other reason after the original term of this agreement, tenant must give owner at least 30 days rio , written notice of Tenants' intention to terminate the tenancy and vacate the premises. Ate rh the expiration of the original term of this agreement, owner may terminate the tenancy in accordance with applicable law. Upon termination, tenancy shall compleltye vacate and premises and any parking or storage area, agvien written notice of Tenant's forwarding address and deliver all keys, furnishing, if any, and the premisses to owner int he same conditions received excepting normal wear and tea. Rent shall be due and payable gthroughthe ned of the notice period or the date TEnatn vacates whichever comes first. tenant may resciensaid notice within f calendar days after it is served on Owner without incurring liability to any person. Such rescission must be in writing and delivered to Owner, thereafter, if tenant fails to vacate the the premises on or before the date set forth in Tenant's notice. Tenant shall be liable for any costs incurred by owner or any third parties what lied upon . Tenant notice terminating the tenancy , and failure to vacate was agreed is a substantial violation of the terms of the tenancy and is a just cause for eviction. Tenant further agrees to defend,d protect, indemnify and hold Owner harmless form any and all damages, lost rents, costs, expense, losses claims and liabilities including attorney's fee arriving in an y way out to Tenant fairly to comply with the provision of TEantn 's notice. Tenant's failure to pay any such sums within 20 days after demand shall be deemed a lateral breach of agreement . It is agree day the parties to this agreement that delivery of possession shall be deemed to occur when tenant to termite the agreement prior the end of the original tersshall be deemed to be a breach of the agreement, and owner shall be entitled to receive all damages occasionally thereby, including leasing commissions, advertising expenses, utilities maintained to show the premise,s and all un paid rent until the term of lease. ( nothing about landlord can terminate)
Expert:  MDLawyer replied 5 months ago.

I'm sorry. I don't understand the part that says 7/9/16 physical possession. Can you please write the exact language? I can't understand what you intended to type. Thank you.

Customer: replied 5 months ago.
2. Term :The term of this rental shall begin on July 23, 2016 and end on August 1 2017 and thereafter shall be month - to month on the same terms and conditions as stated herein, save any changes lawfully made until terminated.Possesion kobe 7/9/2016- ( basically giving them2 weeks of free rent prior to moving in)3.physical passion
Customer: replied 5 months ago.
2. Posseison date 7/9/20163.physical possession -- soI forgot to start a new paragraph
Expert:  MDLawyer replied 5 months ago.

This is the part I don't understand because it is mistyped and it appears to be the most relevant.

"7/9/16 physics possession - if owner is unable tod deliver passions of premises at eh commencement of the term. Owner shall not be liable of any damage cause they and nor shall this agreement be void or voidable and but tenants hall not be lab eft any rent until posseision is delivered. rent h
"

Can you type what that part of the clause states, please?

Also, I apologize for the delay but the website never emailed me to let me know I had a reply back.