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?

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Originally Posted by hmerino

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?

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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?

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