Legal Question in Landlord & Tenant Law in California
hold deposit
On Friday I put a $500 deposit down towards an apartment while the rental company reviews my application and credit report. I signed a reciept saying that it was non-refundanble. I went to view the apartment again, and upon closer inspection realized that it is infested with termites, the wood floors have holes and are rotting away, and the deck and railing are about to give way.
I don't feel that it is liveable and I just can't believe that the agency would show something that is so structurally unsound. The apartment is high in the hills and if a potential renter happened to lean on the railing the wrong way........ I just want my deposit back without any hassle. Help? Monday June 25 will be the second business day of the deposit.
1 Answer from Attorneys
Re: hold deposit
Immediately do two things. Notify the rental company of the same facts you present here(and follow up in writing, certified, return receipt). Secondly, stop payment ASAP.
Theoretically, the agreement would be unenforceable because of hidden defects, and misrepresentation. You would most likely prevail at a trial.
However, since the receipt is part of a contract, and says it is non-refundable you have additional problems. You probably will have a difficult time receiving a refund for money on the credit application, but you can worry about that later.
If you have access to your bank over the internet, or phone, stop payment today.
I would have an attorney write a strong letter on your behalf, if they have already put your check through.
Please feel free to e-mail me, or call if you need more help. Good luck!
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