My grandma put in deposit for an apartment, she was suppose to move in but the manager did not finish fixing the place so the move in date was push back. During that time, another complex for low incomes had a vacant apartment and gave her the offer. The rent was cheaper and the place was better so she decided to take this one instead. She did call and tell the manager of the place she deposit to rent the place out. Can she get back all or part of her deposits?
2007-06-23 20:28:28 · 5 answers · asked by healthy 1 in Politics & Government ➔ Law & Ethics
She lives in California.
2007-06-23 20:31:07 · update #1
She could call fair housing and ask them or you could call for her.
I think because the apartment was not ready in time for her move in date and she was forced to find another place to live because of it she is indeed intitled to a full refund of her deposit.
The landlords here in California are the most calloused of them all and are very cutthroat and not to be trusted.
Especially the ones in the Bay Area where I live.
You have to know your rights or you don't have any it's as simple as that.
So call fair housing and find out what you can do about it and I hope everything works out for the best for you.
2007-06-23 20:38:55 · answer #1 · answered by Anonymous · 2⤊ 0⤋
Do you understand that often times the law is not black and white? There is a fair amount of reasoning that comes into play. Given ONLY what you described in the case above, I personally would say no, your grandma is stuck! Here's my thinking:
She entered into a good-faith agreement. HAD the apartment manager fixed the place on time, your grandma would have been in the apartment at the time the other one came along. You can see that she could not have just up and moved to the new apartment, right? But you say, "Wait! She never moved in. The repairs delayed the move-in date, which opened up this can of worms."
Okay, reading between the lines I can see that at THE MOMENT when it was determined that the repairs were causing a delay, your grandma still wanted the apartment. Sure, maybe she was disappointed that her move was delayed. Maybe she was even irritated by the thought, what's taking so long? But she did NOT try to get out of her contract right then. That's huge! At that moment, it was NOT the repairs that made her want out of the contract. So, in effect, she entered into a NEW contract when she agreed to the delay to her moving in. THEN this better deal came along and she began to have buyer's remorse. I don't see how a court would say that because she changed her mind (in the face of a better deal) that she suddenly should get her money back. I certainly wouldn't rule that way!
But ... judges and jurors are people, just like me. So, nothing surprises me that they might rule.
2007-06-23 20:39:37 · answer #2 · answered by Just_One_Man's_Opinion 5 · 2⤊ 0⤋
Hello,my name is Don. i am not a legal adviser ,but do have ( limited )0 knowledge of deposits on property.
Much will depend upon the actual wording ,(nd there ought to be a written contract ), and it is this that would detemine the "get out" terms . Should your granma have signed a " no refund " lease,then she must wave her deposit goodbye ,but
should she have a two sided agreement as that either party could opt out ,then the agent ? owner of the property would be able to retain such monies as would be necessary to re-advertise the property. However ,there may be get out of jail free here . The given date for your granma to take posession was not met,and were your granma " homeless" ,and had thought that after finding a suitable " roof over her head",she now had lost faith in the agent / owner ,it would be reasonable for her to seek alternative housing. She COULD possibly have a case not only to get her deposit returned ,but could have cause to seek financial assistance from the agent / owner /person letting the property,in order for her now financial needs in finding another property. Traumatisation could be a factor should she have to resort to court action against her being let down. A LAST RESORT HOWEVER AS IT COULD GO HORRIBLY WRONG. All best Don
2007-06-23 20:56:16 · answer #3 · answered by Donald M 2 · 0⤊ 1⤋
She should get all of her deposit back because she never lived in it and the manager didn't even have it ready in the first place to rent out. If he does not give her back her deposit she may have to take him to small claims court.
2007-06-23 21:12:23 · answer #4 · answered by Dakota Lynn Takes Gun 6 · 0⤊ 0⤋
I think she can get all of it. If the original one was not ready when promised, I suspect a person has a right to find somewhere to live. If he tries to keep her deposit, take him to small claims, and make sure to ask for the filing fees!
2007-06-23 20:36:21 · answer #5 · answered by cantcu 7 · 0⤊ 1⤋