Legal Question in Consumer Law in California

Rental agreement law

My son filled out an application to rent a studio apt. The company accepted the credit check fee and deposit. I also co-signed and payed the credit check fee. They showed us a studio similar to the one that was to be avaiable. They said the person in the studio now had given notice.My son signed a agreement (not the lease) with the location and date of move-in stated on the form. They called about 2 weeks later and said the person changed there mind and was not moving out, and they did not have any studio's available only a 1 bedrooms for $100.00 more a month. I said they should give him the 1 bedroom for the same price until a studio comes available. They said they would check with their legal dept. and get back to me. They got back to me and said no way, he could have a 1 bedroom but would have to pay the higher price. What is the legal right of my son with regards to the studio they had listed on the form he signed? Do they have to make the other person move, since they gave notice? I feel that they only had and wanted to rent a 1 bedroom. Maybe I am wrong at thinking that, but something doesnt' seem right. Can you help????


Asked on 3/22/06, 9:31 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Rental agreement law

I can't see why they should give him a larger apartment for the same price. They should refund him the money put down -- even for the credit check -- as a sign of good faith. The application is not a rental agreement, which is only signed when an apartment is available.

Read more
Answered on 3/22/06, 11:44 am


Related Questions & Answers

More Consumer Law questions and answers in California