View Full Version : How do I get a deposit back when no rental agreement was signed
hmerino
Dec 30, 2009, 10:53 AM
My daughter filled out an application for a duplex in San Gabriel, CA. The landlord told her she would need to give them $300 to hold it and the remainder to complete 1st months rent at the end of the month which is today. My daughter then calls the landlord to ask a question and the landlord all of a sudden mentions that my daughter has to sign a 1 year lease agreement. This was never mentioned upfront. My daughter no longer wants the duplex because she doesn't want to stay there for 1 year. Can she get her deposit back and what does she need to do to do so?
this8384
Dec 30, 2009, 03:58 PM
My daughter filled out an application for a duplex in San Gabriel, CA. The landlord told her she would need to give them $300 to hold it and the remainder to complete 1st mos rent at the end of the month which is today. My daughter then calls the landlord to ask a question and the landlord all of a sudden mentions that my daughter has to sign a 1 year lease agreement. This was never mentioned upfront. My daughter no longer wants the duplex because she doesn't want to stay there for 1 year. Can she get her deposit back and what does she need to do to do so?
Not sure on California law but here in Wisconsin, the deposit is non-refundable. Your daughter asked the landlord to hold an apartment and the landlord complied. Your daughter no longer wants the apartment; that doesn't make the landlord at fault.
Why didn't she ask about the term of the lease before giving the landlord any money to begin with?
Fr_Chuck
Dec 30, 2009, 08:04 PM
The money was to hold the department, if she does not take it, they keep the money, if she takes it, then it goes to the deposit.
I would say they keep the money if she does not rent the apartment