No lease or written agreement - renter wants deposit back

[cleasach]

I think that you are within your rights to keep the deposit since you were unable to find another renter and took the place off the market once this person gave you the deposit.

That being said, if I were in your situation though, I'd feel bad for the person and give them their money back. If all they thought they could afford was a room in a house instead of an apartment and then something came up that prevented them from doing even that, the they're obviously in dire straits and I don't think I could sleep at night if I kept the money.

That's only what I'd do. Like I said, I think the OP is within her rights to keep it if she wants to.

[STT Resident]

Originally Posted by Jadex

The right thing to do is give the women back her money because you are stealing it if you dont.

Jadex, let's not get all wild and crazy here. All the blustering, postulating and finger-pointing in the world isn't going to make you legally correct. You're of course entitled to your opinion but no need to state it over and over again. Cheers!

[toren1156]

Mod Cut read your renters laws an Civil Code 1675.......

absent a valid liquidated damages provision, any contract provision by which money or property is forfeited without regard to the actual damage suffered would be an unenforceable penalty. you have a contract in writing in the emails, but in no shape of form do u have an agreement that says her holding deposit is non refundable an even if you wrote that u need to read Civil Code 1675!

u are entitled for damages incurred of only the days you didn't have the apt on the market till the time she told you she was backing out. but you have to prove in some way you lost money by holding it for her. witch lol i would love to see you do. Mod Cut SIGN a contract next time and learn your renters laws before trying to be a LL. she deserves her money back