Holding Deposits in California-LEGAL HELP PLEASE!!?
I gave $250 as a holding deposit to my landlord on the 26th of July, set to move in Aug. 20th. As of yesterday I decided to not move in because of unforseen circumstances. He called me today to let me know that he was keeping the $250 and he might charge me for the additional 10 day @$45 a day. I looked up Holding Deposits in California and it states that landlords can keep some or all of the deposit if they incur additional costs to rent it.

The previous tenant paid through the end of July and so the apartment has only been vacant for 2 days and being that the manager stated he had other tenants lined up, the apartment wasn't going to be ready until the next week (he was installing carpet and paint), the charges he incurs really are not that high.

Am I entitiled to some or all my deposit back and can he charge me for those days he "doesn't have a tenant"?

Here's where I got stupid-- there's nothing in writing. No receipt, no lease-- everything was verbal, including the accepatance and move in date.

Also, if I put a hold on the money order then get my money back will I get into trouble since technically since all we had was a verbal agreement and there is nothing in writing---just my application?