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    hmerino's Avatar
    hmerino Posts: 1, Reputation: 1
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    #1

    Dec 30, 2009, 10:53 AM
    How do I get a deposit back when no rental agreement was signed
    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's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #2

    Dec 30, 2009, 03:58 PM
    Quote Originally Posted by hmerino View Post
    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's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    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

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