rental agreement? (CA) (apartment, breaking a lease, tenant, renters)

[elnaten]

I was going to move into a new apartment my husband was coming home I found a nice 2 bedroom for us the landlord and I agreed on paying first last and deposit so I did well now my husbands not coming home so I do not need the apartment the landlord wants to keep half my deposit and not refund me my full amount is that legal? I never signed a lease and I deposited my money into his account I don't know what to do should I just settle for 300$ less than what I gave him??????

[CALGUY]

The landlord is entitled to money for time time you tied up the unit where it could not be rented to someone else.


Bob.

[woodsart]

Generally speaking in my experience, once you deposit money on an apartment, you have agreed to take it. If you do not, they generally keep some of the deposit due to lost time in advertising the apartment. This is particularly true in places like LA where decent places will rent almost immediately on being on the market.

[timtemtym]

How long was this agreement in existence from you depositing money to then asking for it back? If he held the apartment for you for a time, then he lost potential income from renting it out.

[STT Resident]

Without a written agreement you're legally considered a month to month tenant so as soon as you deposited that money into his account you were the tenant. In some states you're required to give 30 days notice based on "rent day", in others it's a straight 30 days regardless of rent day. You're entitled to receive back the security deposit but depending on which state you're in (state laws are linked in the first "sticky" on this forum) you could be legally liable to forfeit both those monthly rent payments.

If your LL is offering you an out for $300, that's a steal.

[jackmichigan]

Originally Posted by STT Resident

If your LL is offering you an out for $300, that's a steal.

Ditto. However, if your husband happens to be in the military, ask the landlord for special consideration.

[wilfredjwright]

It happens in the cities, when you deposit for apartment then you are agree to take that one but when you are not taking it then they ask for the compensation for time lost and customers returned. You can negotiate with him but he can't return full of your deposit.

[NoMoreSnowForMe]

The landlord in CA can take money out of a deposit for rent due, and damages. Since you didn't sign a lease, but you obviously had an agreement with the LL by depositing money in his account, you then created a month-to-month agreement. So, unless the landlord can re-rent the place before your scheduled move-in date, then he has the right to deduct rent for 30 days from when you gave notice, or he finds another tenant. He can also charge you for any advertising costs to re-rent it.

Here are the CA laws:

California Tenants - California Department of Consumer Affairs

This explains that the LL has the right to charge you rent until he finds someone new (up until your 30 day notice, in your case):

Breaking a Lease and Leaving Early | Nolo.com