Legal Question in Real Estate Law in California
Deposit to hold room
I have a naive friend who gave a check for $200 to a girl that was renting out a room around the middle of October 2002. It was to hold the room till Nov. 1st to move in. A week prior to move in date, the girl called to say the old roommate was not moving out, so she would mail back her check.
Just in the last day, got a hold of the girl after finding out she (the one with the room) had deposited the check and is now refusing to return the money. Stating that she had left a message for my friend a few days after informing her that the room was suddenly available again, and upon not hearing back decided that she would be moving in after all - thus the justification for keeping the deposit. She is a pre-law student and is stating that she has every right to keep the money and is refusing to refund the $200.
Is this correct? Does the girl that kept the money have a right to keep the deposit?
1 Answer from Attorneys
Re: Deposit to hold room
Except in very unusual circumstances where the parties have a prior understanding, silence is not acceptance of an offer. You can't bind someone by leaving a message saying 'Unless I hear from you, I'll assume you want to buy the widgets and I'll ship them in 30 days and invoice you.' Based on this principle, it seems to me the deposit should be refunded. However, you seem to be reciting the facts second- or third-hand and there may be additional facts you aren't aware of on either side.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
