Legal Question in Landlord & Tenant Law in California

home owner's rights

an agent accepted $300 initial deposit to hold the apt. for this lady. The 2nd time that lady showed up with her mother in law they wanted the owner's to clean the whole apt and reduce the deposit before she can move in because of stains on the wall and dirty etc. The owner decided to change their mind and don't want to rent out the apt to her anymore. can the owner's just return the initial deposit without any issues? Please advise. thank you.


Asked on 9/24/07, 2:09 pm

2 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: home owner's rights

Probably!

You would have to look at the receipt for the $300, and read it carefully. More than likely, this would be allowed.

Be careful to read anything you sign. The paperwork will usually stand up in a court of law, and most people, including a lot of lawyers, do not read and just sign.

If you need more help, or want to e-mail, or fax, the receipt to my office, I'll be glad to look at it.

Good luck!

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Answered on 9/24/07, 2:21 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: home owner's rights

In addition to what Mr. Bennett says, make sure there isn't even an appearance of age discrimination in returning the deposit. Good luck!

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Answered on 9/24/07, 2:34 pm


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