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mkyshl

Junior Member
What is the name of your state? Missouri, but the the rental is in California.
Can a landlord keep your deposit and rent paid if you never take possesion of the property?

I was planning to move to CA from Missouri this week. But my son is ill and cannot be moved. I had found an apt I wanted to rent and sent the deposit plus two months rent. Now that I cannot move and since I never took possesion, can they keep the money??? They had sent me a lease via fax, but it didnt have a signature line, it just had places to initial, which I did. Is that binding?

I appreciate any help.
 


HomeGuru

Senior Member
mkyshl said:
What is the name of your state? Missouri, but the the rental is in California.
Can a landlord keep your deposit and rent paid if you never take possesion of the property?

**A: yes.
*******

I was planning to move to CA from Missouri this week. But my son is ill and cannot be moved. I had found an apt I wanted to rent and sent the deposit plus two months rent. Now that I cannot move and since I never took possesion, can they keep the money???

**A: yes, subject to the provisions of the CA Civl Code.
*******
They had sent me a lease via fax, but it didnt have a signature line, it just had places to initial, which I did. Is that binding?

**A: yes, why wouldn't it be?
*****

I appreciate any help.
**A: ok, and we appreciate you posting.
 

mkyshl

Junior Member
You mean since I havent signed a lease, all I did was intitial, there was no signature line which actually have my full name, they can keep the money that I sent them when I dont even move in, including the security deposit??
 

mkyshl

Junior Member
HomeGuru said:
**A: ok, and we appreciate you posting.
You mean CA doesnt have a you have so many days to change your mind type thing clause?

the actual rental agreement I signed, did not have a formal signature line and they did not initial or sign and give me an official copy. That is why I thought it was not binding at this point. I have not moved in or taken possesion.
 

WhiteMidnight

Junior Member
I don't know much about all this, but even if you can't get out of the lease under California real estate law you might be able to use Wisconsin contract laws to get you out of it, since you actually signed the lease contract while still in Wisconsin.
I'm probably way off on that, but it may be worth checking out just in case.
 

HomeGuru

Senior Member
WhiteMidnight said:
I don't know much about all this, but even if you can't get out of the lease under California real estate law you might be able to use Wisconsin contract laws to get you out of it, since you actually signed the lease contract while still in Wisconsin.
I'm probably way off on that, but it may be worth checking out just in case.

**A: Yup, way way off. How does Wisconsin even fit in this thread?
 

ENASNI

Senior Member
Oooh ohh Mr Kotter!

HomeGuru said:
**A: Yup, way way off. How does Wisconsin even fit in this thread?
I know I know
Ever since Missouri started making Cheese and Wisconsin and Missouri
seceded from the Union and and started their own Country behind the Chedder Curtain.
Am I right... am I right?
 

WhiteMidnight

Junior Member
wooops. yep, I'm a little ditzy.

LOL. sorry. I guess I had too many windows open at once. Got confused.

So, maybe if ya look up Missouri contract law you might find something.
 

HomeGuru

Senior Member
ENASNI said:
I know I know
Ever since Missouri started making Cheese and Wisconsin and Missouri
seceded from the Union and and started their own Country behind the Chedder Curtain.
Am I right... am I right?

**A: wow, you certainly are. I confirmed your statement in my new and revised 2001 Trailer Park Reference Book Almanac.
 

Shay-Pari'e

Senior Member
WhiteMidnight said:
I don't know much about all this,That is apparent.

but even if you can't get out of the lease under California real estate law you might be able to use Wisconsin contract laws to get you out of it, since you actually signed the lease contract while still in Wisconsin.
I'm probably way off on that, but it may be worth checking out just in case.

You would be correct, you are way off.
 

Shay-Pari'e

Senior Member
WhiteMidnight said:
LOL. sorry. I guess I had too many windows open at once. Got confused.

So, maybe if ya look up Missouri contract law you might find something.
Wrong again, this is CA property that was purchased.. What interest would the Chedder state have?
 

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