Legal Question in Real Estate Law in California

eviction rights

my husband and i failed to qualify for a loan on the property that we rent and was offered to us for sale by the land lord. the land lord wants us out by the end of april and says he will not refund our secerity deposit of one months rent and a $900 good faith payemnt we made to him previous to qualifing for a loan. i believe my husband signed something saying we would vacate the property if we where unable to qualify for a loan. we have not payed rent for this month and plan to stay $900 dollars worth of pro-rated rent next month since we wont get our money back. we only want to stay the time owed to us since the landload will not refund our money. can we do this? how can we keep from gettin botted out on the street?


Asked on 4/12/02, 7:26 pm

1 Answer from Attorneys
Judith Deming Deming & Associates

Re: eviction rights

Security deposits are not required to be refunded until after a person vacates, and only then if the property is left in good condition. If a person stays beyond the period for which they have paid rent, they can be sued for the addtional rent, as well as to be removed from the premises and a judgment can be had against them for that additional rent. I don't know what your husband signed, but if he made a written agreement, that is a contract, and he can be sued for breach of that contract and for any monies owed to the other party to the contract which can be attributed to the breach. In short, why not just live up to the agreement? It is not the landlord's fault that you did not qualify for the loan you tried to get.

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Answered on 4/12/02, 8:01 pm


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