Legal Question in Landlord & Tenant Law in California

I was renting a room in my property, a guy told me he would give me an amount to hold the room and he would come up with the rest the day he moved in and i agreed. i gave him a receipt for the hold the room amount and told him that he canceled i could not refund the money. he agreed. he called 2 days later to cancel and i told him that i could not return the money in full because after thinking he was renting i wasnt excepting any other ofeers and i must now post to rent it again and i was loosing time and money. he is now sueing me for the full amount. am i in the wrong?


Asked on 2/12/13, 8:51 am

1 Answer from Attorneys
Daphne Macklin Law Office of Daphne L. Macklin

You did not state how much money was at issue with the security deposit. You also did not indicate that the security deposit agreement was in writing. I recommend negotiating with the person to see if he will accept something less than the full amount he is claiming. In the future you want to have the security agreement in writing and set a reasonable amount as non-refundable. Generally non-refundable fees are disfavored unless the amount is fairly law or documented as reasonable.

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Answered on 2/12/13, 9:41 am


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