Wexler v. Wood, County of San Diego, et al.

Facts: A prospective residential tenant signs a lease agreement and delivers it to the property owner. Concurrently, the property owner accepts a partial deposit for the specified monthly rent and security deposit but does not sign the lease agreement. The prospective landlord does not give the prospective tenant keys or permission to enter, demanding the full deposit. The prospective tenant gains access to the property with a locksmith. The property owner removes the prospective tenant’s personal belongings and changes the locks.

Claim: The prospective tenant claims the lease is enforceable since the prospective tenant signed the lease agreement and the property owner accepted a partial deposit.

Counterclaim: The property owner claims the lease is not enforceable since it is unsigned by the property owner and they did not give the prospective tenant permission to occupy the property.

Holding: A California court holds a lease agreement without the property owner’s signature is not enforceable since the property owner did not convey the right to possession and accepting a partial deposit does not give the prospective tenant the right to occupy the property as a leaseholder. [Wexler v. Wood, County of San Diego, et al. (2026) ____ th Cir.___]

Wexler v. Wood, County of San Diego, et al.

 

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