Legal Question in Real Estate Law in California
Renter's Deposit
We live in San Diego Ca.
We gave the apartment landlord a deposit to get a apt. unit, we made a verbal agreement to try and move by the 7th of Feb. which she could not deliver, she has pushed and not deliver three times now. Although we did not sign a lease or have a written agreement, the landlord left us a voice mail and gave us a final moving date which was going to be for Feb. 16 and pick up the key. We have made plans to move and utilities, renter's insurance, change of address, time off to move have been done since Feb. 7th. We are very upset how unprofessional she has been so we decided to get our deposit back, to which she said it's non-refundable. Is she right? We never moved in, made damages, or have made her loose money on the apt. unit since it's not going to be ready until Feb. 19th or maybe even later. Do we have good case to take her to small claims court? Can we get our money back?
2 Answers from Attorneys
Re: Renter's Deposit
In reply to your inquiry, let me offer the following:
I agree with Mr. Koury - the landlord didn't perform, so you're performance under the rental agreement should be excused. I'd strongly recommend that you write the landlord a letter rescinding any verbal agreement to rent the property. Specifically cite the fact that she has failed to provide occupancy on the agreed date, and that you gave her the security deposit in good faith despite the fact that you had yet to sign a written rental agreement or lease. In the letter, demand that she return your security deposit within 10 days or some appropriate time. Send the letter return receipt requested and by all means keep a copy of the letter, and the postal forms showing when it was sent, received, etc.
If she fails to return the deposit after having received your letter (keep the green USPS form showing her receipt), then by all means take her to small claims court.
Also, be aware that the Civil Code gives you some additional ammunition. Under Cal. Civil Code � 1950.5, no rental agreement may characterize a security deposit as non-refundable. Further, that code section specified the only reasons for which a lessor can demand and retain all or portions of a security deposit.
I suspect that San Diego has a rent stabilization office, or some other government body that administers rent control and such things. You might contact them for additional information on city ordinances that impose additional obligations on the lessor.
Feel free to let me know if you have questions or
comments. Now, let me give the "de rigeur" caveat:
The foregoing information is provided as an
accommodation only, and does not constitute legal
advice or a legal opinion based on a comprehensive
review of all relevant facts and documents, nor can
provision of such information be construed as
creating an attorney-client relationship.
Re: Renter's Deposit
they did not keep their end of the bargin so they must return the money
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