Legal Question in Landlord & Tenant Law in California

I am a landlord and am having a huge security deposit debacle. Here is the situation:

I showed my available rental to two people, and on the spot they decided to take the unit. They wanted to move in early, so I even called my current tenants to ask them to move out early to accommodate my new tenants, and they agreed (therefore resulting in me receiving less rent from the old tenants). I cashed the deposit checks to make sure there was money behind it before I took the rental off the market, and everything was fine. Then, I got an email from the new tenants saying they no longer wanted to stay at my apartment and that they demanded the entire security deposit back. Not only am I going to lose rent from having my old tenants move out early, but now I have to sit and wait to find new tenants. Am I legally responsible to return their deposit? I thought that was the purpose of the deposit - to reserve the apartment from them. Sadly, we have nothing signed in terms of a lease, but I did email them a receipt of their deposit for the rental of my unit.

Please help! They keep emailing me and calling me incessantly angrily asking for all their money back, when really they have put me in a financial loss.

Thank you so much.


Asked on 7/12/10, 12:29 pm

1 Answer from Attorneys

George Shers Law Offices of Georges H. Shers

If it was clear that they were going to rent the unit and it was available on the date they planned to move in, then you have an oral rental agreement and they must give you 30 days written notice of vacating. You carried out your part of the contract, detrimentally relied upon them by getting the other tenants to leave early, so the contract was completed. The security deposit can be used to cover unpaid rent.

Inform them that you spoke to a real estate attorney who informed you as above. Tell them that if you can rent the place out before 30 days you will give them a pro rata refund, but technically the 30 days does not begin to run until they give you written notice. Point out that if they go into a restaurant, order a meal, and then when the food comes say they no longer want it, do they not think they are liable to pay for the meal. The restaurant owner may be willing to "eat" the $10 loss on the dinner, but you can not be so generous with the much larger monthly rent amount. Be sure that within 21 days you send them a letter detailing all the deductions you have made as to the security deposit and why. Next time get it in writing and require a non-refundable holding charge that will be applied to the rent as due. Tell them that unless they can show you case or statutory law to the contrary there is no reason to keep on discussing the matter and you will consider it harassment if they keep on trying to contact you. If you want it to sound more convicting, I or another attorney can wrlite a letter to that effect. But respond to them quickly.

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Answered on 7/12/10, 7:57 pm


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