Legal Question in Landlord & Tenant Law in California

Re: Did not move in to rental; want $ back

If you signed anything, it would be necessary for a lawyer to look at what was signed, before answering your question.

However, because it was not as described, per your facts, you should be able to get your money back.

You need to send a certified letter, return receipt, demanding a refund.

Frequently, an attorney's demand letter produces quicker and better results.

Legally, you are in good shape, because you had a contract, which you entered into as a result of fraud, and that renders the contract null and void.

Please feel free to e-mail, or call, my office if you need more help.

Good luck!

Re: Did not move in to rental; want $ back

Even though you did not sign a lease, you still could be held to a contract to rent the premises. Rental agreements can be verbal. If, however, what was advertised and what the house actually looked like were very dissimilar, then there may not be a contract. If the landlord knew that you thought the property was much different, he might be liable for fraud.

First, drive by the house and see if it is rented now. Find out from the tenant when they agreed to rent the place, when did their rental period begin, how much rent do they pay, did they know the ad was not accurate, what did the landlord say about the differences, etc. Get a copy of the ad.

Was the rent a reasonable amount for what was advertised or was it a bargain so that you had to be aware the ad might not be true? Check the county records as to how long he has owned the property and what he paid for it. Is their rental control in your area? Go with the information you have and talk directly with the landlord and try to get him to return your deposit based upon their being no contract, etc. Also point out that he has 21 days from when you move out to return your deposit or give an itemized list of why he is keeping any portion.$700 per month is very inexpensive for a house rental; you should be aware that often items are worth their price.