Placed a Security Deposit, but Landlord Rented to Somebody Else
My question involves landlord-tenant law in the State of: California, los Angeles
I applied for anapartment on sept 27. I was approved and I placed a deposit down. Got a call from the agent and he told me that they made a mistake and someone else signed a lease with another agent and that they were moving in that day,however, I not only applied first but put the deposit down first, yet they gave the place to someone else who only applied a week ago. The other person ssigned a lease and moved in. I already put in my 30 day nnotice on my old place and have nowhere to go at the end of the month. What can I do? I still want the place but don't know what action to take.
m
Re: Put a Security Deposit Amd They Rented to Somone else
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liberatesk
My question involves landlord-tenant law in the State of: California, los Angeles
I applied for anapartment on sept 27. I was approved and I placed a deposit down. Got a call from the agent and he told me that they made a mistake and someone else signed a lease with another agent and that they were moving in that day,however, I not only applied first but put the deposit down first, yet they gave the place to someone else who only applied a week ago. The other person ssigned a lease and moved in. I already put in my 30 day nnotice on my old place and have nowhere to go at the end of the month. What can I do? I still want the place but don't know what action to take.
m
You aren't going to get the place, they couldn't give it to you if they wanted to, without going through the process of legal eviction of the people currently residing in the home, and that would take much longer than you can wait...and that would assume that they had any grounds to evict the persons at all.
Re: Put a Security Deposit Amd They Rented to Somone else
Without having all of the facts present I cannot say if you have a valid action or not. If the actions you had fulfilled actually bound the landlord to a contract, they are responsible to you to provide a rental unit OR the added expenses you incur due to their breach. That could include the costs of storage of your property if you have to leave your current rental, possible temporary housing costs until you procure permanent housing, and costs of food above what you would spend if home cooking.
again, not knowing where you were in your negotiations or executing a lease, this may or may not be applicable. I would use it to my best advantage though in pushing the landlord to finding and providing adequate housing though.
Re: Put a Security Deposit Amd They Rented to Somone else
Assuming that the denial is actionable....
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jk
That could include the costs of storage of your property if you have to leave your current rental, possible temporary housing costs until you procure permanent housing...
To the extent that the expenditure is reasonable and exceeds what he would have paid in rent. Also, as you might have to move twice instead of once, you could potentially recover the cost of a second move (from the temporary place to your next rental property) - but if you can reasonably find and rent an alternative property so as to avoid having to find a temporary place to live that would be appropriate, both to avoid unnecessary inconvenience to yourself and to fulfill your duty to mitigate your damages.
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Quoting jk
....and costs of food above what you would spend if home cooking.
Highly unlikely.
Re: Put a Security Deposit Amd They Rented to Somone else
I talked to the current occupant the the apartment where I am suppose to be leaving and he gave his deposit on the 7the ofOct. I gave mine on the 3rd of oct. in the deposit agreement I signed and the agent representing the company signed it states that they are required to remove the property from the market. And if I did not move in by the 22 Oct. I would loose my deposit. If I would have nroken the contract I assure you they would have kept my deposiT. All they do now is give me the run around.