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  1. #1
    Join Date
    Mar 2019
    Posts
    6

    Default Landlord is Refusing to Refund a Rental Deposit

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

    I am moving to San Francisco, and I thought found a perfect for place for rent. I video chatted with renter that is looking for roommate. I currently do not live in San Francisco, and I live in another state. The price was not stated in the ad, and I agree to pay $950 for 3/10/2019 to 4/10/2019. Until this day I still not live at the place, and I live in another state.

    I contacted the individual recently, they told me instead of the stated amount of $950/mo I have to pay $1200/mo plus a security deposit of $1500. If I was told this information on March 10, 2019, I would have not rented from this individual. I requested a refund, and renter is refusing to provide me a refund. I reported this issue to my bank and law enforcement. The female individual is now accusing me of harassing her for asking for my rent money.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Renter Not Refunding Payment Made W/Venmo

    Quote Quoting Nemo415
    View Post
    they told me instead of the stated amount of $950/mo I have to pay $1200/mo plus a security deposit of $1500. If I was told this information on March 10, 2019, I would have not rented from this individual. I requested a refund, and renter is refusing to provide me a refund. I reported this issue to my bank and law enforcement. The female individual is now accusing me of harassing her for asking for my rent money.
    You're almost 3 weeks into the rental period that you paid for and didn't show up. If you did that to me, I wouldn't give you a refund and I'd want more money and a big deposit, too, before I'd agree to keep renting to you.

    Frankly, I don't see you winning in court even if you went to San Francisco and sued her.

  3. #3
    Join Date
    Mar 2019
    Posts
    6

    Default Re: Renter Not Refunding Payment Made W/Venmo

    This is in California. The person doesn't owe the apartment, just renting. I don't why they never given me a written contract. This happened 20 days ago.

    I don't need to move there until April 20th. So it's legal to say that rent $950/mo then decide to charge more money. The problem is I never agreed to 1200/mo.

  4. #4
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Renter Not Refunding Payment Made W/Venmo

    I'm a little confused. If you didn't need the place until 4/20/19 why did you rent it from 3/10/2019 to 4/10/2019?

  5. #5
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,678

    Default Re: Renter Not Refunding Payment Made W/Venmo

    If the $950 was rent for the one month that you specify then you are renting it right now. There seems to be no mention about future rent and if there was no lease agreement then you have no long term arrangement for $950/mo.

    In other words, it would appear that you are getting exactly what you are paying for: a portion of an apartment that you are not using for one month with no further agreement.

  6. #6
    Join Date
    Mar 2019
    Posts
    6

    Default Re: Renter Not Refunding Payment Made W/Venmo

    The person needed a roommate right away. She told me 950/mo, and I had to pay this month rent. First time for me, looking for a place. If I was told rent is going to cost 1200/mo plus 1500/mo security deposit for a 10 x 10 space in living room. I would have said no thank you.

  7. #7
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,678

    Default Re: Renter Not Refunding Payment Made W/Venmo

    You still can say "no" but that will not entitle you to your money back.

  8. #8
    Join Date
    Mar 2019
    Posts
    6

    Default Re: Renter Not Refunding Payment Made W/Venmo

    Why would it not entitle for my money back? Can you site laws for specifically to my concern? I would like to learn more, then I can say I lost $950.

  9. #9
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Renter Not Refunding Payment Made W/Venmo

    You agreed to pay $950.00 for 3/10/2019 to 4/10/2019. You paid $950.00 for 3/10/2019 to 4/10/2019. Just because you did use it doesn't change that.

    The LL is violating the law because there isn't enough notice of an increase but that doesn't change what you owe for 3/10-4/10.

  10. #10
    Join Date
    Mar 2019
    Posts
    6

    Default Re: Renter Not Refunding Payment Made W/Venmo

    Quote Quoting PayrolGuy
    View Post
    You agreed to pay $950.00 for 3/10/2019 to 4/10/2019. You paid $950.00 for 3/10/2019 to 4/10/2019. Just because you did use it doesn't change that.

    The LL is violating the law because there isn't enough notice of an increase but that doesn't change what you owe for 3/10-4/10.
    I would like to know the law where I am not entitled for a refund?

    So essentially my first month rent, could be considered a holding deposit. The master tenant failed to tell me the actual cost of rent at the time of the transaction. Before the dispute began, and the master tenant posted an ad on Facebook for a space I rented.

    According to California law I was reading,

    Landlord Behaving Dishonorably

    If the landlord leases the property to somebody else during the holding period, he should return your entire holding deposit to you. Essentially the landlord has breached your contract. You may be entitled to other costs you incur as a result of your loss, such as an application screening fee for your replacement unit. To make a claim against the landlord, you must have upheld your side of the bargain, and be otherwise ready, willing and able to move in. Talk with an attorney or housing clinic to discuss your options.

    My question, ok let's call this a holding deposit.
    1. The master failed to tell me actual cost of rent. If they told me this at the time of rent, I would have not rented.

    2. Whether or not they found someone, did they just breach the contract by advertising the space I rented?

    3. Person could be a scammer,
    1. On 3/10 video chat they told me $950/mo.
    2. On 3/30 person tells me that rent is now $1200/mo, and denying they told me $950
    3. A week ago she posted an ad on Facebook, advertising the space I rented for $1450 (she doesn't know I have a copy of the ad)

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