Legal Question in Real Estate Law in California
Can a landlord give back the deposit check just because I refuse to take down dr
When I inspected the apartment, there was a fridge there. Manager and I agreed to the amount per month. I expected that it is semi furnished. The past tenant owned their fridge so the manager told me only stove now no fridge (but of course the amount we agreed on included it).
Now the drapes. I refused to take it down and wash them myself. At this stage there has been no lease signed. They wanted me to clean the drapes myself or they said "you have not signed a lease yet so we can take them down and not put them back on plus there are about 20 applicants willing to pay more rent that you do."
Can they return my deposit check simply because of the fridge and drapes matter? They know that I am all packed up and in prorata rent until they finish the repairs, all I need to do is inspect it, sign and move in. Please help!
1 Answer from Attorneys
Re: Can a landlord give back the deposit check just because I refuse to take dow
Why do you want to move to a place where you are almost guaranteed to have future problems? Even if the rent is cheap, the cost to solve the future problems will not be cheap.
If you have not signed a lease, the landlord can do pretty well anything he wants. The lease is the document which guarantees your rights and sets forth to what you agree. If you don't like the new terms he is springing on you - don't take the place. Get your deposit back and go somewhere else.
If you elect to rent the apartment, read the lease carefully. DON'T SIGN ANYTHING YOU DO NOT COMPLETELY UNDERSTAND. MAKE SURE THAT YOU HAVE A LIST OF WHAT IS INCLUDED; WHAT IS DAMAGED; WHAT YOU ARE TO PROVIDE AND WHAT THE LANDLORD WILL PROVIDE.
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