Legal Question in Real Estate Law in California

I signed a one year rental agreement on June 23rd to start on July 1 because my house was being sold due to forclosure. I gave the owner a $2,300 deposit for the rental that she cashed on June, 24th. On June 25th I found out the sale date on my home had been postponed 2 months. I called the owner of the rental on June 25th and told her that I had to back out of the lease because of my house situation. She said she would not give me back my deposit. I told her that if she was not giving me my money back, I would rent the house for one month. she told me that she doesn't do month to month rentals. She has my $2,300 and I want to know what my rights are in california? how can I get the money back?

Asked on 7/13/10, 10:41 am

2 Answers from Attorneys

Daniel Bakondi The Law Office of Daniel Bakondi

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I deal with this a lot. A letter from an attorney laying out the law and citing the code sections that allow for actual damages plus 2x the deposit usually does the trick. She doesnt want to lose in small claims for $6900. Let me know if you want me to send a quick letter.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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Answered on 7/13/10, 3:34 pm

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