Legal Question in Landlord & Tenant Law in California
leasing a rental property
Can a person who we were going to sign a lease with to rent their property, who is in possession of our deposit, continue to hold the deposit even after we withdrew our offer to lease the property, never took possession of the property and did not sign the lease agreement? If not, how do we legally demand the deposit back and are there criminal/civil grounds to support our request for the refunded deposit?
1 Answer from Attorneys
Re: leasing a rental property
It depends on whether anything at all was signed, and to check that writing carefully. Next, if no receipt signed, or nothing mentioned as to an agreement, was there a "meeting of the minds" on this.
You legally demand the refund by letter, although frequently retaining an attorney to write the letter produces quicker, and more positive, results.
If there is no reason to hold the deposit, you have been criminal, and civil, actions available.
If you need more, please feel free to e-mail my office.
Good luck!
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