Legal Question in Landlord & Tenant Law in California

Holding Deposit
I submitted an application and holding deposit of $1,550 (no receipt was provided by LL) for an apartment in Carlsbad CA. I kept receipt from bank (cashier's check). 10 days later I had to inform the LL that I was not going to be able to move in due to my non-continuation of military active duty orders. I was supposed to get a military order extension for at least two more months, but that did not happen. I was informed of the possibility of that extension not going through the day I was supposed to meet w/LL to discuss move in date and other amounts required. I was planning ahead when I acted on this rental set up. The For Rent sign was taken off for those 10 days. After I notified LL of sudden changes, which were unfortunately not by my personal choice, she place the sign back up. I feel that I am ultimately responsible for those ten days the sign was not posted, but she is not willing to refund any amount of the deposit back to me. Is this right? What can I do?

Asked on 4/12/08, 3:51 am

Robert L. Bennett Law offices of Robert L. Bennett

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Re: Holding Deposit

Unfortunately, the law does not recognize military service as an excuse.

The LL must re rent the premises ASAP. You would be liable for the days vacant, until it is re rented. You should then receive he refund of deposit.

Please feel free to e-mail me if you need more.

Good luck, and thanks for your service.

Answered on 4/12/08, 2:50 pm

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