Landlord’s Duty to Deliver Possession of Rental Unit in California

 

Once a rental agreement is signed and a move-in date scheduled, California landlords are under an obligation to deliver possession of the rental unit to the tenant by the date specified in the rental agreement.

If the landlord fails to deliver possession of the rental unit to the tenant, the tenant has a right to abandon the tenancy and sue for damages.

In order for the landlord to satisfy his obligation to deliver possession of the rental unit to the tenant, he needs to make it “available” to the tenant. This is generally done by giving the keys to the tenant and making sure that there are no other occupants living there that would impede the tenant from moving in. The rental unit must also be in a habitable condition.

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