Legal Question in Real Estate Law in California

Refund of Apartment Hold deposit

After paying $30 each, my partner and I made a deposit of $100 to hold an apartment on Tuesday. By Friday, I decided not to go on with the 6 month lease. (I foresaw a future problem with a rude landlord anyway) Does she have the right to keep all or part of our $100 deposit even if no lease agreements were signed? I spoke to the landlord and she is not willing to give a penny of it back. Thanks.


Asked on 10/06/00, 4:16 pm

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

Re: Refund of Apartment Hold deposit

"A deposit to hold an apartment" sounds like a payment for an option. If that's the case, it is not refundable. Possibly it was a security deposit, which should be refundable, but it doesn't sound that way under the facts you presented. My best guess is that a court would not allow you to recover.

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Answered on 11/03/00, 4:38 pm


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