Legal Question in Real Estate Law in California

My friend and I paid $100 each to a possible landlord who said he would just hold it until we found out if we were approved or not. This meaning he wouldnt show the apartment. He had a bunch of other offers and we never signed the lease and changed out minds about the place because it has roach problems. He refuses to give the money back. Is this right?


Asked on 6/30/11, 4:57 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

To win a lawsuit to recover the $200 (or to be legally entitled to it, let's say), you would have to show (a) that you were not approved, or (b) that you were approved and were ready, willing and able to move in (whether or not he had rented to someone else). Since you admit that you would not have moved in anyway, I'd think the landlord is entitled to keep the deposits unless you were not approved, in which case he should return the deposits. You don't say whether you were approved or not, so I can't give you an unqualified answer.

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Answered on 6/30/11, 6:43 pm


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