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  1. #1
    Join Date
    Feb 2014
    Posts
    2

    Default Get a Holding Deposit Back if You Decide Not to Sign the Lease

    My question involves landlord-tenant law in the State of: California

    Hi I and my 2 other friends were looking for an apartment. I found one and talked to my friends on the phone, both of them agree to rent it with me (we been friends for years)
    So I wrote a 1000 security Deposit on 01/23/2014 and was cashed on 01/28.
    On the deposit doesn't say anything about if i don't rent the unit i will lose money. There is no application, no background check. All I did was write a check, a copy of driver licence and fill out a form has my name , basic information but no contract or no term, policy...

    We and the landlord decided will sign a contract and move in on 02/07/2014
    Then today both of them want to back off and not pick up the phone.
    I have talked to the landlord and she said she will have to talk to the owner about the deposit and get back to me.

    Also there was no verbal contract, I did not agree to anything. She just asked me the deposit and i gave it to her.

    I know that there is a loss for the landlord too but I am a student and don't have much money. Also if there is a deduction from the deposit can i sue my friend if they dont want to share it with me. my friend did not sign any contract and also the deposit check is under my name.
    We chat on facebook(in foreign language) and i still keep the conversation of my friends, I think i will sue my friend so they would learn a lesson.

    Update:

    I think if the landlord decide to deduct too much from the deposit I think i still gonna rent it and rent the 2 rooms out. But the landlord wouldn't want me to rent out the other 2 rooms. What is the best strategy should i take. thank you

  2. #2
    Join Date
    Jan 2008
    Posts
    252

    Default Re: Get a Holding Deposit Back if You Decide Not to Sign the Lease

    "We and the landlord decided will sign a contract and move in on 02/07/2014"


    That is a classic verbal contract that you say you never had.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Get a Holding Deposit Back if You Decide Not to Sign the Lease

    That appears to be an attempt to explain that when you and your landlord agree that you will move in on Feb. 7 for a one year lease term at an agreed rate of rent, or that you'll move in on Feb. 7 with an agreed monthly rent but no agreed term, that you've probably bound yourself to an oral rental agreement. In the latter case, it would be a month-to-month rental agreement. Had you signed a rental application that said, "There is no formal lease agreement until a written lease is signed by all parties," or had words to similar effect, you would be in a much better position to argue that there was no binding agreement.

    Why did your friends both change their minds? It's odd for that to happen with both prospective roommates, as opposed to just one.

  4. #4
    Join Date
    Feb 2014
    Posts
    2

    Default Re: Get a Holding Deposit Back if You Decide Not to Sign the Lease

    Quote Quoting Mr. Knowitall
    View Post
    That appears to be an attempt to explain that when you and your landlord agree that you will move in on Feb. 7 for a one year lease term at an agreed rate of rent, or that you'll move in on Feb. 7 with an agreed monthly rent but no agreed term, that you've probably bound yourself to an oral rental agreement. In the latter case, it would be a month-to-month rental agreement. Had you signed a rental application that said, "There is no formal lease agreement until a written lease is signed by all parties," or had words to similar effect, you would be in a much better position to argue that there was no binding agreement.

    Why did your friends both change their minds? It's odd for that to happen with both prospective roommates, as opposed to just one.
    They think the place is too expensive even though I have told them it is 1400 per month for 3bed 2 bad. I dont thimk it is expensive at all but they want to live in a nice apt for the price of a illegal extended backhouse.
    I just want to minimize the lost from deposit and my friends have to take some responsibility also. Do you think a chat conversation on fb and text message would be enough for me to start a small court to sue my friends if they just ignorr me and dont pick up the phone. They are international student also, I am resident. I hope this will affect their visa in future. This country shouldnt have that kind of people here.

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