Legal Question in Landlord & Tenant Law in California
deposit to hold property
I was renting a condo for $950 deposit 800. recieved credit app of tenant and then took a deposit to hold on 3/18/08 gave reciept and have copy of reciept that states non refundable deposit to hold will turn into deposit. She stopped payment on check. She was supposed to start rent on 4/5 Now I am without a tenant. Can I sue her for my $600 and bounce check fee? I have reciept stating non refundable and cancelled check with condo address in memo
1 Answer from Attorneys
Re: deposit to hold property
You can always sue...the question is "Can you win?"
Did she sign the receipt stated non-refundable?
Did she sign the bounced check status non-refundable deposit?
Otherwise, you are going to hear an entirely different story in court, than your side.
Without her confirming, in writing, that the deposit was non-refundable, you will have trouble.
If you need more, please feel free to e-mail my office.
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