Legal Question in Landlord & Tenant Law in California

Management not keeping promises

I submitted an application with a management company to rent a house that had the pictures online. Within 4 days they approved me. They said they couldn't show me the inside because the tenant had not moved out. Despite this fact the only way I could have the place is if I put down a $500 holding fee. When I gave them the fee I told them that I had driven by the property and discussed the things that I saw that I wanted done before I would move in the place and the management company assured me that all would be done and I could see the inside of the house on the 11/2/07 and it would be ready to move in on 11/12/07. I didn't get to see the place until 11/7/07 because the previous tenant had not returned the keys. Now they are telling me they don't know if the owner is going to fix the things they said they would fix and that we can discuss them down the line after I move in. I have not signed a lease yet and I don't want to move in this place but they are telling me they will not give my money back. Now it is Nov. 12 and the house has not been repaired in anyway. I would like to know how to get my deposit back.


Asked on 11/12/07, 3:51 pm

2 Answers from Attorneys
Robert L. Bennett Law offices of Robert L. Bennett

Re: Management not keeping promises

The key issue to me was whether or not anything was reduced to writing.

You are dealing with a contract, and the law of contracts.

If there is nothing in writing, you can argue that the $500 was contingent upon having repairs made, as well as seeing the house.

Ir you signed anything with the company, a lawyer (or you) would have to read the provisions carefully, and there is likely something in the fine print detrimental to your case.

If you do have something in writing, or need more help, please feel free to e-mail my office.

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Answered on 11/12/07, 5:35 pm
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Management not keeping promises

I agree with Mr. Bennett. In addition to his comments if the Mgmt. company is not willing to refund your deposit and you fell that you right in your position you can always sue them in small claims court for the refund.

LEGAL NOTICE: The information presented in this e-mail should not be

construed to be formal legal advice nor the formation of a lawyer/client

relationship.

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Answered on 11/13/07, 9:41 pm


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