Question: I rented an apartment to a young man; he signed a one-year lease and paid the deposit and first month’s rent in full. He moved in today, and less than 24 hours later, he is requesting to get out of his lease because another apartment that he prefers became available. Is there any kind of buyer’s remorse on signing a lease?
Answer: Your tenant is obligated to pay rent through the lease term or until the time the premises are relet, whichever occurs first. There is no buyer’s remorse.
Ted Kimball
Kimball, Tirey & St. John LLP
Question: In one of my books on landlord/tenant law, it says I can require the tenant to keep up with all building and health codes instead of me in exchange for lower rent. Does this mean I would not be liable for any habitability defects?
Answer: California law requires that all residential landlords have given an implied warranty of habitability of the premises that cannot be waived by the tenant. The only exception is if the tenant agrees to make necessary repairs to render the property habitable in exchange for a rent reduction during the time of uninhabitability.
Question: My tenant claims he paid the rent by mailing us a money order. We never received it, and he says we should have received it. Who would bear the loss if we do not find the missing payment?
Answer: Under most leases, it is normally the responsibility of the tenant to ensure the landlord receives payment. Since it is up to the tenant to choose the method of delivery, he or she bears the risk that the payment is in fact made. However, some landlords will determine the method of delivery. In those cases, the landlord may bear the risk that the payment reaches the landlord.
Kimball, Tirey & St. John LLP is a full service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to receive legal advice from our office. If you have questions, please contact your local KTS office. For contact information, please visit our website: www.kts-law.com. For past Legal Alerts, Questions & Answers, and Legal Articles, please consult the resource library section of our website.