California | Landlord & Tenant Law
Legal Question
Refund of Deposit after uninhabilitability
I recently paid a $100 holding fee for an apartment in a complex where my apt. was held for about 30 days. This fee went towards the rental and took $100 off of the price I paid when I signed the lease. I was not able to see the actual unit I was renting. After I signed the lease, paid my deposit, and gave my key, the place was not acceptable. There was a very strong noxious chemical smell that made me feel ill minutes after being in the place. It was also noticed by management. I talked to the complex and they did not have another one similar that I could move into. As much as a hassle as it was, I did not move my stuff in and I told the complex I was not going to live there. They gave me back the check I had given them for my deposit and first months rent. However, they had already cashed my $100 check, and now they are saying that was not refundable and are refusing to return. I feel that since that went towards the deposit and it was assumed the place was acceptable I should get that money back. Please advise. Thank you.
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Read More Answered By: Jerold M. Gorski |
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