security deposit - small claims

[Mindy]

I live in Calif. and have a small claims case coming up this week. I gave a landlord a large security deposit and then changed my mind a few days later to rent the house. She refused to refund my deposit even though she re-rented the house right away. Any advice for my case, please???

 

[ALawyer]

Was it a refundable good faith amount, you signed no lease and she has no right to keep it?

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[Mindy]

I never moved in to the house. There was never a lease signed. I was given a very small piece of paper where the daughter of the landlady signed a receipt for the $2,000. deposit. It said unrefundable deposit, however, in the state of Calif. that term is unenforcable.