Security Deposit. Can I Get It Back?

**cornelius** · 04-02-2008, 08:33 AM

It was probably a year ago when I paid around $30000 for a security deposit to lease a warehouse. My business partner was cheating me out of my money, so I decided that I did not want to move in to the warehouse. I never moved in or even set a foot in to the warehouse. I told the landlord about my situation, and he said he will pay me half of my deposit if somebody else moves in. It's been a year, and I havent received anything yet. Will I be able to legally recover my security deposit? By the way, Im in California.

**Mr. Knowitall** · 04-05-2008, 06:38 AM

What did your lease agreement say? Did somebody else in fact move in?

**cornelius** · 04-09-2008, 10:22 AM

Quoting Mr. Knowitall

What did your lease agreement say? Did somebody else in fact move in?

The lease says that the deposit can be used for the damages done during my stay, but I am assuming it doesnt apply because I never moved in.
I guess they can say that they lost money because the time that I never moved in, but they havent been spending money on advertising anyways.
I found out about that space because of a friend of the landlord. Also, I paid for first and last months rent, and I am also assuming I have a right to at least that money.
Also, the lease stated I can cancel the lease if I never move in. I've sent a cancellation letter to the landlord a week after signing the lease.

I dont think the space ever got rented out since they dont advertise it anyways.