Legal Question in Landlord & Tenant Law in California

*Security Deposity*

Hi,

We were interested in renting an apartment, so we applied for it, and our application went through. Then we paid 750$ security deposit, but we did not sign the lease, and we did not move into the place. Then, we were not interested in that apartment anymore. Now the landlord does not want to give us back the 750$ security deposit.

Does the landlord have any right to keep the 750$ security deposit?

The lease, which we did not sign, states that the security deposit will only be used as security deposit. It doesn't state that it will be used as holding fee or reservation fee.

Thanks


Asked on 4/17/07, 9:51 pm

1 Answer from Attorneys
Bryan Becker Stutz Artiano Shinoff & Holtz

Re: *Security Deposity*

It sounds as though the landlord is not in the position to properly withhold returning your sec deposit. Although you could take the LL to small claims court, often a demand letter from an attorney will also result in corrective action.

If you have any questions about this, feel free to contact me via phone or email.

Yours truly,

Bryan Becker, Esq.

877*201*8728

[email protected]

Member, National Association of Consumer Advocates

www.naca.net

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Answered on 4/18/07, 12:07 pm


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