Legal Question in Landlord & Tenant Law in California

security deposit cashed without taking occupancy

I gave a holding (to be applied as a security deposit towards the total move in cost of $2345.00)deposit of $995.00 for an apartment in liew of signing a lease. We have a reciept signed by the lanlord (requested by us) that clearly states that the check is not to be cashed until the lease is signed. We ended up not taking the apartment nor signing any leases and they cashed the check anyways-----Can they do this?

-signed,

995overdrawn


Asked on 9/06/03, 10:47 pm

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: security deposit cashed without taking occupancy

No. Separate and aside from the rental issues, a check is a negotiable instrument and the restriction you put on the check becomes part of the contract for it's issuance. The instrument said the landlord has no right to the money unless the lease is signed. So, you should have a valid claim against him in small claims court for conversion of your funds. It is possible it is also a theft by deception for which you could prosecute him/her. But I would need more facts to say that.

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Answered on 9/07/03, 11:08 pm


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