So... if no deposit was paid, then the law regarding the return of deposit is irrelevant?
Sounds like she is entitled to get at least the $ back for the days after you subtract the 2 weeks and 30 days worth of notice from 86.
The inconvenience fee... lol, might have to get that in the small claims court since she lived in conditions not promised under the oral agreement.
Idk about CA, but an oral agreement in Maryland is valid.
I found this online:
[Oral Contracts]
• Under California law, oral contracts are legally binding, with a few exceptions. California oral contracts, like written ones, can be either express or implied. Express contracts are clearly and specifically stated in words; implied contracts exist by reason of the parties' conduct or actions. Both types can be legally enforced in court, although you must be able to prove the terms. For this reason, witnesses are recommended, although not required, for oral contracts.
[Exceptions]
• Certain types of contracts are not valid when made orally in California. This includes agreements not to be acted on within a year from the making of the contract, promises to cover someone else's default or debt, real estate contracts to rent a property for more than a year, real estate sales and any agreement to rent longer than a year or buy property made for someone else.
Also excepted are contracts whose terms cannot be performed during the lifetime of the party making the commitment, purchaser's agreements to pay a mortgage and any contract made by someone in the business of credit or loans whose terms exceed $100,000.
So I will just wait until August 1st if the lessor will pay money back to the student…
If the lessor will not pay the student after 21 days from 8/1, I may have to take this matter to the small claims court….?
(I wish I wouldn't have to…)
Thank you all for reading and the advises.