Legal Question in Landlord & Tenant Law in California

I haven't moved in yet and the landowner wants to keep my deposit

I HAD GIVEN 300 DOLARES TO HOLD AN APARTMENT THE SECOND WEEK OF THE MONTH. I HAD TO MOVE IN BY THE 1ST. ON TUESDAY THE 31. I TOOK THE LANDLORD THE REST OF THE MONEY WISH WAS $600 DOLLARES MORE. AND THEN A FAMILY PROBLEM CAME UP AND I CAN'T COMMIT TO THAT APARTMENT RIGHT NOW. i ASKED FOR MY MONEY BACK TOTAL OF $900.00 DOLLARES AND THE LANDLORD TOLD ME HE WAS GOING TO KEEP $300 DOLLARES IS THAT CORRECT WHAT HE IS DOING?


Asked on 8/02/07, 5:08 pm

1 Answer from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: I haven't moved in yet and the landowner wants to keep my deposit

Probably.

The landlord had to keep your apartment off the market, and couldn't rent to anyone else, once committed to you.

That means he has to advertise again, check credit reports of prospective tenants, and he can't get rent from an empty apartment.

You can always sue him in Small Claims Court, and let a judge decide what is fair.

You also may want to retain an attorney to write the landlord a letter regarding a refund.

However, the landlord could have insisted on 30 days notice from you to vacate, and held all your money. It is also important to look at the provisions in the lease regarding early cancellation. (I am assuming you signed some sort of document).

Good luck!

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Answered on 8/02/07, 5:20 pm


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