Legal Q&A: Can tenants change the locks?

Legal Q&A: Can a tenant change her mind after signing a lease?

May 4, 2016

Question: We normally keep original rental agreements, however, when would a copy not suffice?

Ted Kimball
Kimball, Tirey & St. John LLP

Answer: The court requires the original unless it is lost; so you have to either produce it or testify under penalty of perjury that the original was lost without fraudulent intent. Court action is the main reason why you should keep originals.

Question: One of our tenants had a problem with the garage gate at a complex we manage. Apparently the gate closed on his car without notice. We suspect that what he is telling us is true because we have experienced a similar problem ourselves. Is the property owner liable to pay to have his car repaired?

Answer: If the gate malfunctioned, the owner of the property is liable for the damages. The tenant would be required to prove that it was the malfunction of the gate and not his/her own negligence in order to prevail in court.

Question: We have been asked if the applicants have three days to change their mind after signing a lease without being penalized, but we do not know the law on this matter.

Answer: There is no grace period in California for residential tenants to change their mind. Once the lease is signed, they are bound.

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.

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