Ca Cancer Patient lost Rent and Security NO LEASE (apartment, tenant, security deposit)

[brain cancer]

I am dying from Brain and Lung Cancer here in Huntington Beach, CA. I was going to move into a new apartment with my 80 year old mother and 70 year old aunt. I am now on Chemotherapy and I am too sick to move into my ne place. I never signed the lease. I paid first month deposit and first month rent. I also installed my new refrigerator. I am too sick to move and the Realtor will not return my rent or security or my property. The agent will not give me my money back. I am very sick and don't know what to do......

Please provide me with some direction please

I never signed a lease! I never moved in!

Thank you

[bentlebee]

If you never signed a lease why did u pay first month rent? that makes it sound like you are month to month and you moved in since you moved in brand new fridge...

Sorry to hear about your health issues.

You need to give notice like a month to month tenant will have to do and than you will have to receive your security deposit back after you have moved any and all items you put in the property incl. a fridge unless you want to leave that behind.

[STT Resident]

You need legal counsel to get this sorted out and I'm sure you can get some guidance from Legal Aid or from local social services.

[Electrician4you]

Sorry about your condition man.
My opinion
You agreed to a lease by giving the money you implied a agreement to rent and by moving in your things you took possession. Even without signing a lease. It just translates into a verbal month to month agreement. You would need to give a 30 day notice. You are entitled to your security deposit back but not the monthly rent. The LL is still out that time you took possession even if you did not move in.
NOW.
You give notice the LL (in California) HAS to mitigate. Which means he has to start looking for a tenant even if you have a signed lease. Granted since you're on a month to month you just give 30 day notice. There is really nothing to mitigate. The mitigation would be implemented if you were on a year lease and works something like this.
You sign a year lease. You give notice. You are responsible for paying the rent but LL has to actively seek a new tenant.
LL finds a tenant and the house is rerented while you are not there the LL HAS to refund the money or portion of the money you paid for that month. Example. Say you paid for November but did not move in. The LL finds tenant to move in on Nov 5th. The LL can't charge you for a full month rent and charge the other tenant for the remainder of the month. It's illegal.

You need to give proper notice to agent/manager/LL ( whomever is the person that you would sign lease with and has the authority to manage/make decision on the rental)

On a personal note, Christ i would just give you your money back. I hope the treatment works for you. I really do. Hope you get it figured out. I would call some free legal aid but I'm not sure they can do much. You won't get all your money back. But you should get your property and security deposit if you did everything correctly



Good luck

[emm74]

I am very sorry for your illness and this situation. Does your hospital have a social worker who could help you with this?