Legal Question in Landlord & Tenant Law in California

They're taking our deposits...unlawfully?

About a month ago, two friends and I filled out applications to live in a certain apartment community. They have an income requirement of 3x the monthly rent.

My friend lost his high-paying job, which meant he had to find replacements because he wouldn't make theincome requirements. the week after we signed our application, they changed their rules and said they couldnt'count student loans as a source of income...they had counted my loans as income, though.

now i can't find anyone to replace my old friend, because eeryone i know is a student and gets financial aid, usually in the form of loans. because we don't meet the income requirement, i have to cancel our application, but they're saying we signed an agreement saying we forfeit all money associated with the application, including the fee and the entire deposit.

something tellsme this is shady. i was more than willing to move in but they changed their rules AFTER i signed the application. it just doesn't seem right.

Thanks fora ny help you can give me.

Best

Mike


Asked on 9/07/06, 5:13 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: They're taking our deposits...unlawfully?

I would suggest that you read whatever agreements you signed. If it makes no mention of forfeiture of your deposit, then you are entitled to your deposit back, especially if they didn't you give you an apartment. There might be a "service fee" of some sort, but it should not be the entire deposit. Send them a certified, return receipt letter demanding your money back by a reasonable date that you select. If they don't give it back, then you might take them to small claims court (or Judge Judy).

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Answered on 9/07/06, 5:29 pm


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