Legal Question in Landlord & Tenant Law in California
Lease deposit - prior to occupancy
I put a deposit down on a townhouse, and signed a lease, but then my circumstances changed and I let the landlord know that I would not be taking the house after all. She will not return my deposit, stating she was ''harmed'' as she took the property off the market once I signed the lease. She never gave me a receipt for the deposit, or a copy of the lease. Only 1 week went by from my signing to my cancellation. Do I have any recourse to collect my deposit? Thank you
2 Answers from Attorneys
Re: Lease deposit - prior to occupancy
Landlady has to take house off the market when you put down deposit,
However, she must make every effort to re-rent it ASAP after your notification. Ypu are entitled to a refund of 1/30 of a month's rent as soon as it is re-rented. (The law always presumes 30 day months to keep things even).
Therefore, it isn't one week that matters, at this point.
Your recourse is in small claims court.
If you need more help, e-mail my office.
You are very welcome, and good luck!
Re: Lease deposit - prior to occupancy
Maybe. I need more information than your question provides, as I cannot even tell whether your money is with the owner or in escrow. I have negotiated such deposit returns before. If you wish to hire my services, please contact my office.
Disclaimer: Nothing herein constitutes legal advice. No attorney client nor confidential relationship is created. You may not rely on attorney nor anything communicated unless and until an attorney-client relationship has been formed. Your issue may be time sensitive, requiring you to act immediately to prevent loss of your rights or harm to your interests.
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