I am a landlord. I signed a lease with a young woman on the first of the month. She filled out and returned the move-in inspection report and made no comments about any problems with the unit. She paid full rent for the first month, plus a security deposit. She was given the keys on the first, but she did not start to move in until the last week of the month. Her father and mother had not seen the apartment before she signed the lease, and it appears they do not like the apartment. The father told me he would not allow his daughter to move in and has since notified me he is "rescinding the lease" and wants full restitution of the rent and security deposit. I have never heard of a lease being rescinded. What does he mean?

Landlords' attorney McKinley replies:

I am assuming that the young woman who entered into the lease for your rental property is over 18 and of sound mind. If so, she has the legal capacity to enter into a contract. Once you and she have both signed the rental agreement, and you have delivered a copy to her, you have a valid contract.

Additionally, since she was given the keys on the first of the month, she has had legal possession of the property since then, even if she elected not to move her belongings into the property until the last part of the month.

In essence, she voluntarily accepted the benefits of the contract, so she is responsible for the obligations of the contract. Your tenant's parents have no contractual relationship with you, no authority to act on behalf of their daughter, and therefore no authority to even attempt or threaten to rescind the contract.

A residential lease agreement could be rescinded only if you committed some sort of fraud or misrepresentation to induce the tenant into signing the lease or if you have failed to provide habitable premises.

To the contrary, it appears that your tenant had the right to, and did, inspect the property before moving in and that her move-in inspection report did not note any defects in the property.

Based on these facts, it does not appear that there are any valid grounds for your tenant to rescind the lease. You are under no obligation to refund the rent or security deposit.

If your tenant elects to move out early, she will be responsible for all rent due under the lease until the lease expires or until you find a new paying tenant, whichever comes first.

You will still be required to provide her an accounting of the security deposit after she vacates, but the security deposit would be applied to any cleaning, damages (except ordinary wear and tear) and unpaid rent, including rent due under the lease.

This column on issues confronting tenants and landlords is written by property manager Robert Griswold and San Diego lawyers Steven R. Kellman, director of the Tenants Legal Center, and James McKinley, member of the Moffitt & Associates law firm, which represents landlords. E-mail your questions to Griswold at rgriswold.inman@retodayradio.com. Questions should be brief and cannot be answered individually.