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Old 07-06-2012, 02:54 PM
 
1 posts, read 1,905 times
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We sent out a check for our security deposit about 2 weeks ago and come to find out that we cannot move in. The contract was sent out but never signed and the move-in date is for the 15th of July. I called the Property Manager to explain our situation but they didn't seem to care. Do they have the legal right to keep our deposit? FYI, they showed us another unit within that building but not that actual unit and this is located in Oakland, CA.

Please advise...
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Old 07-06-2012, 03:23 PM
 
Location: Bay Area
3,980 posts, read 8,990,778 times
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Quote:
Originally Posted by KikiGardner82 View Post
We sent out a check for our security deposit about 2 weeks ago and come to find out that we cannot move in. The contract was sent out but never signed and the move-in date is for the 15th of July. I called the Property Manager to explain our situation but they didn't seem to care. Do they have the legal right to keep our deposit? FYI, they showed us another unit within that building but not that actual unit and this is located in Oakland, CA.

Please advise...
Absolutely not. Security deposits may only be used for cleaning/repairing the premises or for any default in payment of rent. That's it. If they do not return your deposit in full within three weeks then you'll need to take them to small claims court (in which you will certainly win). Law requires that security deposits be refundable.
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Old 07-06-2012, 11:36 PM
 
28,115 posts, read 63,687,353 times
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I'm not a lawyer and City-Data is not a forum providing legal advice...

That said, I believe the possibility exists for trouble depending on the nature of the deposit.

SECUTRITY DEPOSITS in California are refundable as long as certain conditions are met.

HOLDING DEPOSITS may not have the same requirement as a security deposits since the purpose of a holding deposit is to prevent the Landlord from renting the unit to another party for a period of time.

The California Department of Consumer Affairs has a great online reference source on residential landlord/tenant issues.

Scroll down the page to the discussion on Holding Deposits...

California Tenants - California Department of Consumer Affairs
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