Legal Question in Landlord & Tenant Law in California

renting

hi, this agent accepted an initial deposit from this lady and ifound out that the owner's changed their mind don't want to rent out the apt. to her. the thing is that this lady already gave notice to her current landlord that she'll move out the end of this month. if the owner's don't let her rent the place that mean she'll have no place to stay. Do this mean the owner responible for it? The agent only took her initial deposit to hold the apt. she didn't sign anything, no contract or deposit was made. Please advise. thank you.


Asked on 9/24/07, 5:30 pm

1 Answer from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: renting

Hi. An agent has to be somebody's agent. Who did he/she represent?

Next, we need to know why the landlord doesn't want to rent? Is there discrimination because of color, age, religion, sex, etc.? If so, you would have a definite chance for damages.

It also would be important to read the receipt the agent gave to her. However, if there was no receipt, no money changed hands, no contract was signed, etc., it is hard to guess at wrongdoing here.

Without more facts, I can't even guess. You need to have a duty to act in a certain way, and then fail live up to the responsibility. I don't know, whether or not, such a duty existed here. Also, the agent's actions can make his employer liable for wrongdoing done by the agent, within the scope of the agent's employment.

If you e-mail, or call, my office with more details, I can give you a clearer answer.

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Answered on 9/24/07, 6:25 pm


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