Lessor doesn't want to sign the paper

[RedRocket1991]

What is the name of your state (only U.S. law)?
California

 

[FarmerJ]

Dont use the preview button, that function just eats postings up. SO you know RedRocket1991

Lessor doesn't want to sign the paper < you cant really make anyone sign anything. so what is this paper you offered to your LL to sign ?

 

[RedRocket1991]

Dont use the preview button, that function just eats postings up. SO you know RedRocket1991

Lessor doesn't want to sign the paper < you cant really make anyone sign anything. so what is this paper you offered to your LL to sign ?

Thank you for your super quick reply!

I made the statement that the Lessor will refund Lessee on August 1, 2014:
• the inconvenience fee in June 2014
• 34 days not staying

*the inconvenient fee: Lessee had to shared the bathroom.

Lessor said she would pay in cashier's check but I don't know if the check will be valid…
And cashier's check may take a long time to be cleared.
Lessee needs money on August 1 to move in to a new place.

We didn't have any sub rental agreement, we all were just emailing each other.
Lessee doesn't want to stay at Lessor's place because it was not what I explained.
*no private bathroom
*living room and kitchen area are so dirty and can't use
*can't use laundry

Am I allowed to ask money back from the Lessor?

Thank you for your time.

 

[Gail in Georgia]

You can certainly ask but the Lessor is under no legal obligation to provide the Lessee with cash.

The whole point of a cashiers check is that it can be cashed fairly quickly at many places with proper identification.

Gail

 

[RedRocket1991]

Lessor doesn't want to sign the agreement

Dont use the preview button, that function just eats postings up. SO you know RedRocket1991

Lessor doesn't want to sign the paper < you cant really make anyone sign anything. so what is this paper you offered to your LL to sign ?

I think my all sentences are missing from the beginning….

This is what's going on my case.


I had a student from Japan and I was looking for a place for the student.

I found a place ($900/month: a private bedroom and shared bathroom), but the student wanted to have a private bathroom.
So I found a new place ($1275/month: a private bedroom and a private bathroom). It is an apartment and the house owner has an extra room and a bathroom for rent.

I asked the house owner to send me the pictures of the room, she sent me a couple of the bedroom. I didn’t go and check the house owner’s rental room.

When the student arrived at the place, the student paid to the house owner full amount rent (85 days) in cash. And the student found out that she had to share the bathroom because the house owner’s bathroom was out of use. The house owner said she requested the maintenance service.

The student was complaining that she didn’t have a private bathroom and the bathroom was very dirty, and she was asking me if she gets some money back for inconvenience.

And after the student stayed 2 weeks, she didn’t want to stay there any longer. She had to share the dirty bathroom, dirty living room and dirty kitchen. I told the house owner to clean and fix the bathroom.

The student decided to move out the place and I asked the house owner to give the student money back, however the house owner asked us to give 30 day notice to move out.

We didn’t have any contract to sign first of all.

I gave the house owner to give 30 day notice even though we didn’t have the contract. Only email.

The student got nervous because the house owner might not be able to give her money back. The student asked me to write an agreement to sign.

I made the statement says: the house owner gives some money back for days that the student had to share the bathroom (inconvenience fee), and refund the days she didn’t stay.

And the house owner doesn’t want to sign the paper.
The student is worried more that she won’t get refund.

Questions:
1. Can I ask the house owner for the inconvenience fee? (no agreement)
2. If I can’t make anybody sign anything, are there any suggestions the house owner will give refund to the student for sure?
3. What can I do if the house owner didn’t give refund to the student?


Thank you.

 

[Gail in Georgia]

"1. Can I ask the house owner for the inconvenience fee? (no agreement)"

You can ask for whatever you want but frankly, if it were me, I'd be laughing like heck if you asked me for an "inconvenience fee". Legally there's no such thing.

"2. If I can’t make anybody sign anything, are there any suggestions the house owner will give refund to the student for sure?"

The landlord is required to return any security deposit the tenant provided (sounds like this tenant didn't) plus any rent money not used AFTER the appropriate written 30 day notice has been provided and within the required time frame for the state of California.


"3. What can I do if the house owner didn’t give refund to the student?"

Since it's the students money, the student can sue the landlord in Small Claims court (unless the student is a minor and you are legally representing this person).

Gail

 

[Just Blue]

I think my all sentences are missing from the beginning….

This is what's going on my case.


I had a student from Japan and I was looking for a place for the student.

I found a place ($900/month: a private bedroom and shared bathroom), but the student wanted to have a private bathroom.
So I found a new place ($1275/month: a private bedroom and a private bathroom). It is an apartment and the house owner has an extra room and a bathroom for rent.

I asked the house owner to send me the pictures of the room, she sent me a couple of the bedroom. I didn’t go and check the house owner’s rental room.

When the student arrived at the place, the student paid to the house owner full amount rent (85 days) in cash. And the student found out that she had to share the bathroom because the house owner’s bathroom was out of use. The house owner said she requested the maintenance service.

The student was complaining that she didn’t have a private bathroom and the bathroom was very dirty, and she was asking me if she gets some money back for inconvenience.

And after the student stayed 2 weeks, she didn’t want to stay there any longer. She had to share the dirty bathroom, dirty living room and dirty kitchen. I told the house owner to clean and fix the bathroom.

The student decided to move out the place and I asked the house owner to give the student money back, however the house owner asked us to give 30 day notice to move out.

We didn’t have any contract to sign first of all.

I gave the house owner to give 30 day notice even though we didn’t have the contract. Only email.

The student got nervous because the house owner might not be able to give her money back. The student asked me to write an agreement to sign.

I made the statement says: the house owner gives some money back for days that the student had to share the bathroom (inconvenience fee), and refund the days she didn’t stay.

And the house owner doesn’t want to sign the paper.
The student is worried more that she won’t get refund.

Questions:
1. Can I ask the house owner for the inconvenience fee? (no agreement)
2. If I can’t make anybody sign anything, are there any suggestions the house owner will give refund to the student for sure?
3. What can I do if the house owner didn’t give refund to the student?


Thank you.

What happened to the other thread you posted?

 

[RedRocket1991]

my first post was deleted?!

What happened to the other thread you posted?

Somehow, my first post was not posted…

So I had to rewrite the issue.

Thank you for checking my thread and I will see if the landlord will give refund to the student.

 

[Just Blue]

Somehow, my first post was not posted&#8230;

So I had to rewrite the issue.

Thank you for checking my thread and I will see if the landlord will give refund to the student.

No...You had an active post going. Now its gone...What happend to THAT thread?

ETA: I am incorrect and there was not another thread.

 

[RedRocket1991]

"1. Can I ask the house owner for the inconvenience fee? (no agreement)"

You can ask for whatever you want but frankly, if it were me, I'd be laughing like heck if you asked me for an "inconvenience fee". Legally there's no such thing.

"2. If I can’t make anybody sign anything, are there any suggestions the house owner will give refund to the student for sure?"

The landlord is required to return any security deposit the tenant provided (sounds like this tenant didn't) plus any rent money not used AFTER the appropriate written 30 day notice has been provided and within the required time frame for the state of California.


"3. What can I do if the house owner didn’t give refund to the student?"

Since it's the students money, the student can sue the landlord in Small Claims court (unless the student is a minor and you are legally representing this person).

Gail

Thank you for your quick suggestions.

The tenant didn't pay any deposit.
The tenant paid 85 days of rent on the day she moved in.

According to California Law, time limit statutes for returning deposit is 21 days.

Is the rent money has to be refunded to the tenant with in 21 days even though rent money is not deposit…?

 

[Gail in Georgia]

What type of lease was the tenant under where they paid for 85 days worth of rent?

Gail

 

[Just Blue]

Somehow, my first post was not posted…

So I had to rewrite the issue.

Thank you for checking my thread and I will see if the landlord will give refund to the student.

I'm sorry...I was incorrect regarding the "other thread". I was confusing you with another member...Again...I am VERY sorry.

 

[RedRocket1991]

What type of lease was the tenant under where they paid for 85 days worth of rent?

Gail

I set up the rental rate for both Landlord and Tenant.

I set $42.50 per night and actually 86 days.
I asked the tenant to pay landlord total $3655 when the tenant moves in.
And the tenant did.

No agreement paper between landlord and tenant.
No deposit.

 

[RedRocket1991]

I set up the rental rate for both Landlord and Tenant.

I set $42.50 per night and actually 86 days.
I asked the tenant to pay landlord total $3655 when the tenant moves in.
And the tenant did.

No agreement paper between landlord and tenant.
No deposit.

Landlord, actually she is not the apartment landlord.
She is a tenant, she rents a 2 bedroom/2 bath apartment.
And she rents one room out to a student.

Basically, the Japanese student was a roommate for that apartment lessee.

Sorry, this is a bit complicated...

 

[mwooster]

Thank you for your quick suggestions.

The tenant didn't pay any deposit.
The tenant paid 85 days of rent on the day she moved in.

According to California Law, time limit statutes for returning deposit is 21 days.

Is the rent money has to be refunded to the tenant with in 21 days even though rent money is not deposit…?

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.