Hi,
My 3 roomates and I have been looking for a house to rent, and when we thought we found the perfect one, the owner asked us for a "holding fee".
We gave him $800 to hold the place, but he never made us sign any contract or paperwork. The only proof we have are the money order stubs. We later changed our mind about renting the place, because the home owner was very condescending and rude towards us, and we did not want to have to deal with it for the next year.
If we take him to small claims court, is there any way we will be able to get our money back?
2007-12-26 09:01:35 · 5 answers · asked by kooooo 2 in Business & Finance ➔ Renting & Real Estate
P.S: I live in the state of California, if that makes any difference.
2007-12-26 09:04:35 · update #1
P.S 2: we changed our minds only 2 days after we gave him the money, and he found a new renter imediately after we told him we didn't want the place anymore.
2007-12-26 09:09:15 · update #2
Yes, take him to court. You will win this one, and I'll tell you why.
I'm glad you posted that the landlord lost NO money, and you cancelled TWO days later and without signing a lease.
Verbal leases are binding, but not when he found someone else before the start of the same rental period is...in other words, if he isn't out any money, he HAS to return the deposit.
The "it's a holding fee" won't hold water because it was CONDITIONAL that when you SIGNED a lease, that it would be used either as a deposit or toward the rent...unless he had you sign something stating that it was a NON-REFUNDABLE FEE...which he didn't, then he is out of gas.
SUE HIM!
PS: It generally costs less than $50 to file a small claims' suit.
2007-12-26 09:15:43 · answer #1 · answered by Expert8675309 7 · 1⤊ 1⤋
The landlord was crazy for not having you sign anything. Great for you. However, say it costs $200 to file a claim. It's a he said, she said. The judge will look at the m.o. receipts and this means nothing unless YOU have pulled the copies of who cashed them. The judge will need to see them. Someone must cash them, then it can take 45-60 days to apply for a copy. Then, you could bring them into court. The verbal witnesses you have will also lend very well to your case. Make sure you act orderly and calm in court or the judge may not believer anyone. I would suggest being nice, but not weak, and asking for the money back. Be realistic in thinking it may be cheaper to let the landlord himself keep a small bit of cash, $20 or $50 for the trouble. You can threaten to call the police but it's merely a bluff because it is a civil case and the police can't enforce anything. If it doesn't go well, you could throw up a few signs for rent or online, and bring the landlord someone else to take our place. This also brings us to the fact that if he immediately lets someone move in, what damages is he really out.
2007-12-26 17:12:58 · answer #2 · answered by World Peace 1 · 1⤊ 1⤋
I would take him to court. There is no lease, which means that it was a oral contract, which isn't enforceable.
No Lease - No deal. I believe he owes you the money; especially since he can't prove any actual damages.
PS Pay in checks next time. You could have put a stop payment on them; case closed.
2007-12-26 17:14:48 · answer #3 · answered by Anonymous · 1⤊ 2⤋
No, you won't get your money back by taking him to small claims court. Did you not understand what a deposit, or holding fee, was? It was the cost of his holding the property for you.
2007-12-26 17:13:14 · answer #4 · answered by Judy 7 · 2⤊ 2⤋
I don't think so, because he will have losses from the time he held the house for you.
2007-12-26 17:05:56 · answer #5 · answered by becky m 4 · 0⤊ 1⤋