Question:

What's my lost when I signed a room lease agreement without moving in?

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I have signed a Room Lease Agreement with a house owner, who is living in the house. I've paid the security deposit of $550, and the lease term is 6 months starting on 7/20/08 end on 1/19/09. The rent is $550/month plus shared utility. During the prepare-to-move period, I have a couple more contact with the landlord, and found that he has bad temper and we may not even get alone. So I decided not to move in the last minute. On the last phone conversation, I told him that we may not get alone and I would not move in. He said OK. But a couple days later, he called my employer. Then he left a message in my cell phone said that my rental start "today". I returned his call, but nobody answered. So I left a message on his recorder stated that I will not moved in. In my situation, what will I lost other then the security deposit? Since I have not even moved-in and have no key to his place, do I still have to pay the 6 months rent according to the California Rental Act?

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  1. In California, the landlord has a legal obligation to mitigate his damages and find another tenant.

    You can be charged rent until a replacement tenant moves in.

    You can be charged for any costs the landlord may incur due to your breach, such as advertisig costs.

    No judge in the state of California is going to hold you liable for 6 months rent.

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