Changed mind

[cjrachal]

I paid a deposit to show interest in property. Landlord had to do repairs before I could move in, so I was given the option of making a final decision before moving in. I decided not to move in, but the landlord is giving me problems when I try to get him to refund the deposit. My receipt does not say non-refundable on it. We do not have any kind of written contract. Are there any California Laws (Los Angeles) that protect would-be tenants and their deposits?

 

[Mecoco]

Re: Check

Here is a link for you. Look up California Civil Code 1950.5k


http://consumer.pub.findlaw.com/housing/tenant/index.html

 

[LL]

What kind of a deposit would you give to "show interest in property"? This sounds to me like a holding deposit, which is quite legal and enforceable in California. The purpose is generally to secure the landlord's taking the property off the market and holding it for you. It sounds to me that you bought an option, and you got what you paid for.

What exactly is your idea of what the deposit was for?
What exactly does the LL say that the deposit was for?
What exactly does your receipt say?

Didn't your mother ever tell you not to give money to strangers without a clear understanding of what it was for?

1950.5(k) refers to security for a rental agreement. Since you never signed a rental agreement and never became a tenant, a holding deposit would not be security deposit.

 

[Qtiem1]

response to youngwhatever

ok... you have confirmed my suspicions about your character as not only a LL but as a human being!
conclusion: you are a slumlord...aren't you!?! you probably have no friends nor family who truly love you for you and not for your ill gotten money.
i hope you rot in the same hell as the LL's i know!

 

[HomeGuru]

Re: response to youngwhatever

ok... you have confirmed my suspicions about your character as not only a LL but as a human being!
conclusion: you are a slumlord...aren't you!?! you probably have no friends nor family who truly love you for you and not for your ill gotten money.
i hope you rot in the same hell as the LL's i know!

HomeGuru response: this is a typical example of the kind of posts we don't need on this website.
Happy New Year.

 

[Qtiem1]

Re: Re: response to youngwhatever

ok... you have confirmed my suspicions about your character as not only a LL but as a human being!
conclusion: you are a slumlord...aren't you!?! you probably have no friends nor family who truly love you for you and not for your ill gotten money.
i hope you rot in the same hell as the LL's i know!

HomeGuru response: this is a typical example of the kind of posts we don't need on this website.
Happy New Year.

please see my 1st response of the day to you.
happy new year to you too!

 

[cjrachal]

What about the option for inspection ater completion of repairs. Regardless of what you nickname the deposit, The option is still an issue. My receipt doesn't say anything but the amount paid and the address

 

[LL]

It is not a question of nick-naming the deposit, it is a question of what a judge would perceive to be the nature of the deposit.

There being nothing on the receipt, what is there for the judge to go on?

I would guess that a judge would give the benefit of the doubt to the tenant. He might reason that the landlord, being the professional here (even if he is a Mom & Pop landlord) should have known enough to make the agreement clear on the receipt.

 

[cjrachal]

Thank you. That's about what I was thinking. I have no problem letting him keep a little of the deposit because of the confusion.