Holding deposit "Is it considered holding if house is unavailable?"

[dbjoey]

What is the name of your state? ca

I put a partial payment $500 out of $3500 security deposit down on leasing a home , I Filled out an application but the owner wasn't sure of a move in date because of his new home was being built.
I was set to sign a lease,but I backed out .
He was still living in the house I was going to rentat the time of me backing out if the application(pre-signing of lease) and refused to give me back my $500. because he didnt rent the place for another 2 months after he moved out .
He said he could have advertised prior to the home being available and vacated by him so to compensate I lose my $500.
Also he said he could have uprooted his entire family and live with his mother-in law . so it technically could have been available.

I signed an application , I never signed a lease, he said i did (he lied and when I asked him for a copy he said his real estate office lawyer says they will not disclose the lease and he will not show me what i supposedly signed after I asked him for proof of it . I filled out an application which I have a copy of.

I also have the cashed check stating it was for a security deposit in a home i never moved into and was never available until after I backed out of the verbal saying I would sign the lease.
In a nutshell I backed out and a week later he moved out, into his new home out of his rental
He was mad.


I have called lawyers but they dont seem to want to talk to me (cant even get passed the secretary) He threatened to counter-sue me for 2 house payments if I sue him in small claims court.
To make it more of a pain in the but he is a realtor
Ive researched holding deposits but am not sure if it counts if the home wasnt even available yet
how could he be losing rent on a home he is holding for me if I couldnt move in anyways
because he was waiting to move into his new home .
While i lived in another rental
Im just Tired of being pushed around by this guy

He did admit running a criminal background check on me and a potential roomate in which I know is illegal , can i use thes info for levredge?My questions are
1. Can he keep my money?
2. Can he counter sue me and win if I take him to small claims court ?
3. How should I go about this It has been 60 days already
4. Who really killed JFK?
thanks for hearing my rant
JoeyWhat is the name of your state?What is the name of your state?What is the name of your state?

 

[treese]

What did the receipt or application say regarding the holding deposit?

Was it stated in writing that it was a holding deposit and not a security deposit?

Was it stated in writing whether the holding deposit was refundable? If so, under what conditions it was refundable?


Look up holding deposits in the CA Tenant Handbook:
http://www.dca.ca.gov/legal/landlordbook/catenant.pdf

He did admit running a criminal background check on me and a potential roomate in which I know is illegal , can i use thes info for levredge?

Huh? How is his running a criminal and/or background check on you illegal?

 

[ecmst12]

You can certainly take him to small claims court, though whether you win will depend on what the application says about the deposit (or any receipt that you got from it). He can certainly counter sue you, but since you didn't sign the lease, I think it's highly doubtful it will do him any good.

 

[dbjoey]

reply to security/holding deposit

What did the receipt or application say regarding the holding deposit?

Application said nothing about a security depositIt did tell me that it was not a guarantee that I had the lease

Was it stated in writing that it was a holding deposit and not a security deposit?

No it was stated that it was a partial payment towards my security deposit
even on the cancelled check it states security deposit It was just my own way of making payments toward the security deposit so i didnt have to come up with the full balance once it was vacated and I moved in

Was it stated in writing whether the holding deposit was refundable? If so, under what conditions it was refundable?

Nothing was said in writing or verbal about any type of deposit being refundable or for that matter non refundable

Illegal running a criminal background check
He (realtor) sounded paranoid when he told me he did it on my potential roomate and he said he could lose his license if anyone found out

Thanks again for answering my questions
Joey

 

[Who's Liable?]

So threaten to take them to small claims court for the full refund of your deposit... Also inform them of your intent to disclose to the judge of the illegal criminal bacground check.

 

[ENASNI]

Um

This is a really thready thread if you ask me. You OP have backed out. you have lost money.. boo hoo... I mean it... really... I hate to lose money. But so does the potential landlord who I do believe have the right to run a criminal background check on ya'll. I would and I would not lose my license if I had one. Look it up guys. Do not just guess.

There is no law that I have found that you can not look up criminal backrounds... If I am wrong please cite your site... and call me a ninny.

Sorry I see some tap dancing here and it is not the landlord just doing it here... Ever hear of the word compromise??? It is in the dictionary...Look it up .

 

[dbjoey]

I think we are getting off subject here.

Does anyone here know if in CA a landlord can hold your security deposit if you backed out before the home is available .
lets face it he is not losing any rent because the home was never available for me to rent .

(Like a holding deposit where the home is available for rent and just sitting there waiting to be rented to someone else ) I can understand this deposit being held.


Because he is living there in the home it was not available, and since he could not give me a set move in date because of the construction of his new home I made other arrangements.
All i filled out was an application not and not even a guarantee of lease.

He even continued advertising after i turned in the application for 3 more weeks!!!

He waited until the last minute to let me know when I could move in and I backed out .
2 weeks prior I would have moved in without the issue.
Never signed a lease
I have a cashed check from him stating a partial payment of the security deposit for the address of the lease
Thanks for any advice
Joey