Legal Question in Real Estate Law in California

return of security deposit & first month's rent

Hello,

I have an interesting situation. My brother was interested in renting a master bedroom from the landlord who lives there. He was hasty in making the decision and after speaking with them; agreed to put a deposit and pay first month's rent the same day he toured the house. After having paid and signing a house rules agreement and getting a receipt for payment. They give him the bad news...of problems to expect. There's a sick and dying person living there. It is an eery situation-he felt uncomfortable and came back the next day to tell them that he is not very comfortable with the situation and wanted to get his deposit of $400 and first month's rent of $400. They refused...said they cashed the check and he'll have to forfeit his money. Is there anything he can do to get his money back. It is not fair that they deceived him and take his money. He came back the next day to inform them of his decision, he had not moved in or occupied the property. Can he get his full deposit & rent back? Please help! Who does he sue (the owner/the person he wrote the check out to?)

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