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  1. #1
    Join Date
    Mar 2012
    Location
    West Hollywood, CA
    Posts
    2

    Default Rented to New Roommates Who Paid a Deposit to Hold the Room But Won't Pay the Balance

    I live in West Hollywood, CA part of Los Angeles County., CA

    A man and a woman showed up 3 days before the end of February, they wanted to rent a room in my 2bed/2bath apartment were I live. They said they will bring the money on the March 1st, I explain to them that the only way I could guaranty the place for them was if they paid me the whole amount, I had previous experiences were they said the same thing and never hear from them again, having to pay the entire rent for both rooms myself.

    After a long conversation we agreed that they will give me $500 that day to prove their good intentions, ( a little less than 1/3 of the total ) and they'll give me the remaining amount on March 1st . The place was rented for the husband, who works close from my area but leaves far away, he needs to take a train and be at work @ 7AM, they ask me if it was okay for his wife to stay some nights, that was not a problem for me, I greed.

    On the Feb 29 late at night she called saying that they had a problem with their bank and they will not have access to the money until Monday, but if it was okay for them to move, I agreed as long as they promised to pay the balance on Monday March 5. I sent her a text message the night before asking her if her husband could drop the money on his way to work, she said that it was not possible but that he gets out of work @ 3PM and he will bring the money then, the husband never showed up, I try to call her and text her and at one point she text that she will come herself tonight (March 5), after several hours I called & text her to see what time should I expect her, I never heard back from her.

    They are not in the lease, I only signed a receive of the $500 as an advance for the rent were she wrote the balance would be paid on March 1st.

    My problem now is that expecting to get the balance of the his rent on Monday I gave the landlord a personal check for the total amount of the apartment, and now that he never showed up my check wont clear at the bank and I'll have problems with the landlord,.

    It's clear to me that they most have money problems and might not be able to pay me until weeks from now, it's a month to month rental with no deposit. Can I call them and tell them that I don't want to have her husband as a roommate, how much of the $500 can I keep, charge them proportionally the 6 days they use the room plus all the extra days that might take me to find another roommate, because now I will have to lower the price since the new person will probably will only want to pay for 3 weeks of March.

    Can they refuse to move? If in the next 2 days they still don't show up or contact me can I go into their room and pack their things and put them in storage?

    I might even be part of a scam, like spending 5 days vacation in a good area, and getting their $500 back at the end, a lot cheaper than a Hotel for sure.

    Any advice will help me and be greatly appreciated. I want to do everything by the book and not get into trouble for not knowing every detail on Rentals Law.

    Thanks in advance

  2. #2
    Join Date
    Mar 2012
    Location
    Georgia
    Posts
    149

    Default Re: I Received and Advance to Hold a Room and Now He Doesn'tt Want to Pay the Balance

    From what you're saying here, you don't have a lease (verbal or otherwise) with these people. In order to have a contractual arrangement, you must have an offer, an acceptance, and a consideration.

    You have an offer to rent them the room, and acceptance by them moving their property in, but no consideration, since they did not pay the amount agreed upon (in whole) or at the time they agreed to pay it (March 1st).

    I won't go into California Landlord/Tenant Law (haven't researched it) but on a basic legal principle, I'd suggest you vacate their room and protect their property, rent the room out, and wait to see if these deadbeats file a small claims action. Then, defend it (but be prepared to return part of the money, if the Judge rules in their favor).

    Frankly, from the sounds of it, as you describe, these folks won't bother.

    In the future, trust ONLY a written agreement, and cash in hand. Also, be sure with YOUR landlord that you are permitted to sublease a room. If you aren't, that could put you in violation of your lease resulting in a legal eviction.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: I Received and Advance to Hold a Room and Now He Doesn'tt Want to Pay the Balance

    From what we've been told, there is a month-to-month tenancy, starting March 1, and although they have not yet fully moved in the tenants have moved property into the room and thus have taken possession. At this point, if rent is not paid in full, the remedy is to serve a three-day notice to pay or quit based upon the nonpayment of rent and, if that does not inspire payment, commence eviction.

    If the person moves in and pays rent, then the issue is moot. If they do not, you have a plausible claim for thirty days rent, the proper notice period to terminate a tenancy. If you work out an agreement whereby they'll be out by a particular date, get it signed and in writing including what portion of the deposit you'll be keeping. Make sure you comply with the state's security deposit laws.

    The comment above that you need to be certain you are permitted to sublet a room is accurate. If you sublet part of your unit when it's not authorized by the lease or landlord, you can create a lot of problems for yourself with your landlord.

  4. #4
    Join Date
    Mar 2012
    Location
    West Hollywood, CA
    Posts
    2

    Default Re: I Received and Advance to Hold a Room and Now He Doesn'tt Want to Pay the Balance

    Thanks a million, you guys gave me the balls to call them and tell them that I was on my way to get packing boxes to put their things in storage ( the woman was even faking a heart condition over the phone ), 15 minutes they showed up with the rest of the money.

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