I gave $250 as a holding deposit to my landlord on the 20th of July, set to move in Aug. 20th. As of yesterday I decided to not move in because of unforseen circumstances. He called me today to let me know that he was keeping the $250 and he might charge me for the additional 10 day @$45 a day. I looked up Holding Deposits in California and it states that landlords can keep some or all of the deposit if they incur additional costs to rent it.
The previous tenant paid through the end of July and so the apartment has only been vacant for 2 days and being that the manager stated he had other tenants lined up, the apartment wasn't going to be ready until the next week (he was installing carpet and paint), the charges he incurs really are not that high.
Am I entitiled to some or all my deposit back and can he charge me for those days he "doesn't have a tenant"?
Also-- and here's where I got stupid-- there's nothing in writing. No receipt, no lease-- everything was verbal.
2007-08-02 05:26:59 · 2 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Also, if I put a hold on the money order then get my money back will I get into trouble since technically since all we had was a verbal agreement and there is nothing in writing---just my application?
2007-08-02 05:30:47 · update #1
The fact that you paid him money, implies that there was an agreement in place, so a written contract for deposit isn't necessary.
He is entitled to keep the $250 this late in the game, but he can't charge you another $45 per day...that is when HE would need something in writing stating that you were aware that you would be charged that if you did not move in.
You see the difference?
Let him keep the $250 (he's entitled to it...it's very, very hard to find a tenant after the 1st of the month, and most likely he will lose rent for the entire month of August b/c you backed out), next time get everything in writing, and don't worry about him collecting anymore...he doesn't have a legal leg to stand on.
2007-08-02 05:38:34 · answer #1 · answered by Expert8675309 7 · 1⤊ 1⤋
To get an accurate answer to this question, you will need to talk to someone who knows the local laws....an attorney. The rest of us are just guessing or talking about experiences in our towns.
My guess is that you are out the $250. If there is no contract, he has no basis to send you a bill for more money.
2007-08-02 05:32:32 · answer #2 · answered by hottotrot1_usa 7 · 3⤊ 0⤋