Legal Question in Landlord & Tenant Law in California

I was renting a room for $550 a month. a guy gave me $350 to hold the room for two weeks. i told him if he canceled, the $35o was non-refundable and he agreed. he called days later to cancel and i told him i could not return the money in full because i now have to make arraingments to rent the room once more. i lost time and money holding the room for him. he said he would call back to let me know how much he thought was fair. he called a week later and said he was moving in but i had already rented the place. he got upset and said he wanted his money back. i explained that i had to rent the room and he said he wasnt going to move in. he said i am commiting fraud and now i got served with papers that he is sueing me for the full $350. am i in the wrong for renting the room after he told me he wasnt going to move in? is it illegal to not want to refund the full amount even after the verbal agreement stated that i wouldnt?


Asked on 2/12/13, 6:24 pm

1 Answer from Attorneys
Kelvin Green The Law Office of Kelvin Green

One of the ways to defend this isnto claim you had a valid oral contract.... If you can get the court to buy that it was an option contract then you would have to show that he clearly rejected the option and that by the time he decided to exercise the option, it was outside the two weeks you agreed upon... It will be uphill but may be one of the ways to defend it..

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Answered on 2/12/13, 8:19 pm


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