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Benneb · Jun 7, 2008, 02:38 AM

Hey Folks, This question isn't about me, but my girlfriend. I'm going through a tough time because of her. She was going to rent an apartment in California that she liked and also paid the security deposit to the landlord in advance (landlord also lives in the apartment, i.e. my girlfriend has to share the apartment with the landlord). My girlfriend didn't sign any contract agreement whatsoever though. But now after that my girlfriend realized that the landlord is a very messy and dirty person, she doesn't want to share an apartment with her anymore. But the landlord is refusing to pay her back the deposit, even though my girlfriend didn't move into that apartment and didn't even live there for a singe day yet. The reason why the landlord is refusing to pay my girlfriend the deposit back is because she already gave her the keys to the apartment, which she says is almost like an agreement/contract and also because she missed out on renting the place to other people because of my GF. So my girlfriend can now contact anyone she wants or sue her, but the landlord will be in the right. Is that true ? Can someone please clarify if this is really true? And if this is not true, what should my GF do or who should she contact ? Who could help my GF out with this? The police ? A lawyer ? Thanks in advance folks.

God bless,
Ben

excon · Jun 7, 2008, 05:45 AM

Hello Ben:

Your girlfriend should sue in small claims court. I don't know who will win.

excon

Fr_Chuck · Jun 7, 2008, 06:06 AM

If the girlfriend paid the first months rent and the depoisit, then she should get the deposit back, if she only gave a deposit, I would assume they are keeping the deposit to cover the value of the first months rent.
Since if there was a legal agreement for rent, and money changed hands, she is liable for the first months rent.

Benneb · Jun 7, 2008, 06:31 AM

Originally Posted by Fr_Chuck

If the girlfriend paid the first months rent and the depoisit, then she should get the deposit back, if she only gave a deposit, I would assume they are keeping the deposit to cover the value of the first months rent.
Since if there was a legal agreement for rent, and money changed hands, she is liable for the first months rent.

I don't think that she paid her the first month rent also, but I'm not sure. So I'll ask her later to make sure if she did or not. I only know that my girlfriend transferred the deposit to her bank account last week and was supposed to move into that apartment next Monday, but she already told her about two days ago that she isn't going to move in. Today is only Saturday. I'm really confused about this situation. I can't even sleep right now. My poor GF's hard earned money. :(

Originally Posted by Fr_Chuck

Since if there was a legal agreement for rent, and money changed hands, she is liable for the first months rent.

But my girlfriend didn't sign anything yet, she only got the keys from the landlord, is this a lagal agreement? I'm only asking, not being rude by the way. *blush*

excon · Jun 7, 2008, 06:44 AM

Hello again, Ben:

Relax... In the first place, it's only money. Worry about something when it's her BODY breaking down.

I think her landlord is correct. The landlord should not be punished because your GF changed her mind. The law agrees with me. However, the law also doesn't allow a landlord to just sit and keep the money because someone changed their mind. Noooooo, the law makes him attempt to rent the place again as soon as he can, and to refund the difference to the first party (your GF).

It doesn't matter whether she paid rent or just a deposit. She is going to be liable for the RENTAL amount ONLY after the landlord gets a new tenant. Since there wasn't a lease, your GF is only liable, at the most, for ONE month's rent - as long as she gives a written 30 day notice. I'd do that right now.

If she's in FLORIDA, things are different. She's screwed if she lives there.

excon

Fr_Chuck · Jun 7, 2008, 07:02 AM

Vebal contracts are binding in real estate rentals. So she give the landlord a deposit and they gave her the keys, So the apartment was rented. She is liable for a 30 day notice to move out ( OK I know she never moved in, but she is legally bound)

So the girlfriend changed her mind, the cost of that change is one months rent, that is normal and expected. So she merely has to understand that you never rent or buy something if you don't really want to.

But as noted it is only money and it is a lesson learned.