Never moved or received copy of lease. Can I get full deposit back? (apartment, foreclosure) - California (CA) - City-Data Forum

tanyah53 · 04-15-2009, 01:33 PM

We are renting a home and we found out via a call from a realtor, that home is in foreclosure. Feeling the pressure, we looked at a new rental found on craigslist, and decided to rent. Met property owner at home, she had a lease which we discussed. We paid deposit of $4000; last months rent $2500, $1500 deposit, and total amount was called a security deposit. She said husband had to sign lease and we would get a copy when we had final walk through and we were given keys.

Property owner not only continued to list home on craiglist, but also listed it for more money $2650 per month]

One week before we were to take possession, we changed our mind. Property owner said okay and that she would return security deposit. Now after she has not been able to rent for 3 weeks she wants to return only 1/2 the security deposit.

We never received an executed copy of lease, never had final walk through, and never took possession of home. Is she entitled to keep any of the security deposit?

DMenscha · 04-15-2009, 01:49 PM

Likely not, you should contact an attorney to discuss all of your options.

Rhenzanite · 04-15-2009, 03:20 PM

Did you sign the lease? If so... she may be entitled to keep part of it.

Lovehound · 04-15-2009, 03:36 PM

Quote:

Originally Posted by tanyah53

One week before we were to take possession, we changed our mind. Property owner said okay and that she would return security deposit. Now after she has not been able to rent for 3 weeks she wants to return only 1/2 the security deposit.

That sounds kind of "scammy" to me. One big concern: do you know for a fact that the "property owner" actually owns the property?

I guess you don't need me to tell you that you were very sloppy in your business arrangement. You didn't state whether you paid by check or cash. If you paid cash that would be worse. If you paid cash and didn't get a receipt then you might as well kiss your money goodbye. (Nobody could be that stupid. However, it happens all the time if TV "judge" programs are any indication.)

As already stated, you need to discuss this with an attorney.

Of course I am not a lawyer, but my understanding of California law is that it is a legal requirement that you should be furnished with a copy of the agreement.

Good luck, but I fear that you're going to need more than good luck to get a refund.

tanyah53 · 04-15-2009, 06:43 PM

We are not that stupid! Yes they are the property owners, we have checked. The property is husband's family home they have been renting since parents died. Paid by check, and have had no trouble keeping in contact property owners and they have offered to return $2000. My question is; if we never received an executed copy of the lease is it really executed?

nmnita · 04-16-2009, 08:37 AM

I think you have your answer, yes, if you signed it, that's it. Right now, more than taking our word for it, contact an lawyer...

Nita

Fighter 1 · 04-16-2009, 08:44 AM

Quote:

Originally Posted by tanyah53

We are renting a home and we found out via a call from a realtor, that home is in foreclosure. Feeling the pressure, we looked at a new rental found on craigslist, and decided to rent. Met property owner at home, she had a lease which we discussed. We paid deposit of $4000; last months rent $2500, $1500 deposit, and total amount was called a security deposit. She said husband had to sign lease and we would get a copy when we had final walk through and we were given keys.

Property owner not only continued to list home on craiglist, but also listed it for more money $2650 per month]

One week before we were to take possession, we changed our mind. Property owner said okay and that she would return security deposit. Now after she has not been able to rent for 3 weeks she wants to return only 1/2 the security deposit.

We never received an executed copy of lease, never had final walk through, and never took possession of home. Is she entitled to keep any of the security deposit?

DING < DING, DING . Da! do you think you got scamed ??? why do people keep on renting homes on cregs list when so many scamers are using that site . what kind of an apartment was it for $2650.00????

BennyPhoenix · 04-16-2009, 08:53 AM

Just because you didn't receive a copy of the lease doesn't make the lease invalid.
Contact the local housing authority and explain the situation; they should be able to give you the answer.
IMO, if she is only keeping 1/2 the deposit, then you are lucky. She should be able to keep all of it since you backed out 1 week before taking possession.

BTW, even after I have money and a signed lease I keep my advertising in place because people do back out before moving in. I like to have back up tenants, this is not unusual.

Lovehound · 04-16-2009, 10:28 AM

Quote:

Originally Posted by BennyPhoenix

Just because you didn't receive a copy of the lease doesn't make the lease invalid.

I'm not a lawyer, but I suspect that the above is correct. It might be some sort of procedural error to not give you a copy of the lease, but I'm pretty sure that if you signed it you're stuck with it. Even worse, because you don't have a copy you don't even know what you're stuck with.

BTW I'm sorry if it seemed that I was implying that you (OP) are stupid, which was not my intent. However, it's plain to see that you've been very careless in your business dealings, and it's likely to be an expensive lesson. I think you will be doing well to get the $2,000 part back.

bayarea-girl · 04-17-2009, 12:55 PM

1. File a Lawsuit in Small claims court. Don't waste any time. Make sure you have a copy of the listing, the times it was advertised. Also, make sure you have a copy of the check verifying it was paid. A lawsuit might motivate them to resolve this with you.
2. Consult with your local housing authority. They should be able to give you some advice over the phone.

Since you signed on the dotted line this is a problem but not a big issue. Do you have a copy of what unsigned version of the document? When was the anticipated move in date? How much notice did you give them after you signed and before it was time to move in that you no longer wanted to move in?

Security deposits are to be used in lieu of collecting unpaid rent and damages. Deposits are not meant to be held for any other reason. Since you never got a copy of the final version you and the other party were not of like minds and you should make this statement at your hearing. You don't know if everything changed except for your signature section. You can go over how you tried calling the owner for a copy and your wishes to cancel the agreement because you no longer felt very comfortable. According to you, the deposit was suppose to be for $1500, if the owner is willing to give you half of that GREAT but if not I'd take them to court. The last month's rent ($2500) they should absolutley give back to you as you never occupied the unit.

Do you know if the place has been rented out? The judge might find that the owners could not rent it out or had to put it back on the market and your notice didn't give the owner enough time to find a new tenant. So they might make you pay a reasonable rental amount which is equal to one month of rent.