Legal Question in Landlord & Tenant Law in California

Rental ''deposit''

I have a question for anyone who knows landlord-tenant law. On February 16, I met with someone from whom I was planning on renting a room. WITHOUT signing any agreement at that time, I gave her a check (I know, big DUH) for what I was assuming was my deposit for merely holding the room. I then gave notice at my current place and scheduled a move-in date of March 18. We still had no written agreement in place until February 26, when we finally met and signed an informal agreement just stating what the rent would be per month, the move-in date, and also documenting that I had given her the money. Then, my circumstances changed and I decided to move somewhere else and not take the room, so I contacted her on Friday, March 9 - nine days before I was supposed to be moving. We agreed to meet the following day and we did. At this meeting, I gave her back the key and she gave me back my ''deposit,'' amounting to TWENTY-TWO PERCENT (22%) of what I originally gave her. Given these facts, do I have ANY recourse at all for getting any money back? Or did I just lose most of my deposit and there's nothing I can do? Any help would be appreciated.


Asked on 3/17/07, 8:25 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Rental ''deposit''

I am sure her version of the facts is way different than yours. If I were a small claims judge, I would say that you were required to give 30 days notice. As you only gave 7 days notice, the landlord may withhold 23 days rent, which is 23 percent--pretty close to the 22 per cent figure. I think your landlord is right.

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Answered on 3/18/07, 3:57 am


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