Handed Over Security Deposit, Never Moved In (rental, month to)

[nfordhk]

Hi,

I recently found a new spot I was excited about. However, the landlord also the owner of the house is making me feel uneasy. I've already signed a "lease" it's a month to month agreement and handed over a security deposit.

One of the examples was there was another tenant suppose to move into a different room. When that tenant bailed, he asked if I would take the other bedroom for the same rent, so he wouldn't have to move his stuff. Keep in mind, I was renting the master bed/bath with a walk in closet. The other room is standard size with a shared bath and normal closet. The two don't even compare. Plus I am not growing found of his personality through our interactions.

Our agreement we signed has no cancellation clause. It does mention the below statement:

"DEPOSITS
Security Deposit. The Tenant shall pay the sum of $1450 (the “Security Deposit”) to the
Landlord as a security deposit at the time this Lease is signed by the parties.
The Landlord will hold the Security Deposit for the fulfillment of the Tenant’s obligations under
this Lease, pursuant to applicable laws or regulations. The Landlord shall return the full amount
of the Security Deposit to the Tenant, less any amounts deducted for any authorized purpose, in
such a manner as mandated by applicable laws or regulations."

Can I legally ask for this back before move in?

[nfordhk]

I found this. Is this legitimate? Seems like I can ask for it back?

http://www.lsnc.net/lawhelp/eviction...acket_6-07.pdf
A: All deposits you pay to a landlord are refundable. There is no such thing as a “nonrefundable”
security deposit. It does not matter what the landlord called the funds—a key deposit,
cleaning fee, move-in fee, carpet fee, closing costs, last month’s rent, etc., because all money you pay
other than your first month’s rent is refundable. Even if you sign a rental agreement that includes a
section about a “non-refundable” deposit, you are still entitled to a security deposit refund because the
section is invalid.


California Tenants - California Department of Consumer Affairs
California law specifically allows the landlord to use a tenant's security deposit for four purposes:
For unpaid rent;
For cleaning the rental unit when the tenant moves out, but only to make the unit as clean as it was when the tenant first moved in;214
For repair of damages, other than normal wear and tear, caused by the tenant or the tenant's guests; and
If the lease or rental agreement allows it, for the cost of restoring or replacing furniture, furnishings, or other items of personal property (including keys), other than because of normal wear and tear.215

[marcopolo666]

I'd tell him that you take the other room at the same RATE : sq. footage of the master BR + master bath (the 'private space') compared to the sq. footage of the other room. If he doesn't want to do that, then tell him to give you your money back. If he won't give you your money back, tell him you are going to sue him (and that you'll use a lawyer who will only get paid if you win, so it isn't going to cost YOU anything).

[clongirl]

You're legally entitled to your security deposit whether or not you've moved in. If you have changed your mind, tell him that you don't want the room he's offering and signed the lease under false pretenses. Security deposits are only allowed to be used for cleaning and if someone happens to bail on the rest of the lease term (and owner cannot find a replacement tenant ((even then they cannot legally keep the entire deposit--only the remainder of the cost of what was owed)). If he refuses or gives you a difficult time, small claims court will be your option. I had to take a landlord to court over this before (not returning my deposit) and have had friends do the same. In every case I've known, the tenant wins the battle. I am also a landlord and have these legalities memorized.

[Ruth4Truth]

I don't get it. He offered you the master bath suite, which you agreed to, then tried to convince you to take a completely different unit? But....is the master br no longer available? Why can't you simply proceed as planned and take the bigger room? Is he suddenly balking at that? Or is he currently occupying the master br, and doesn't want to move out of it?

Weird, OP. If you're getting a weird vibe from this guy, best to look elsewhere.