Can landlord keep security deposit without a signed lease?

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peachez

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My jurisdiction is: CA/USA

I was in the midst of going through a rental process with a landlord whose advertisement for the property being rented is unclear in terms of whether a storage unit is included in the monthly rent. I was selected as a potential tenant and was under the impression that the storage unit was included. The landlord, however, stated cost of using the storage unit requires an extra monthly fee to be added to monthly rent.

Due to the misunderstanding, landlord proposed that use of the storage unit be included at no charge for 6 months, but the situation would be re-evaluated 6 months into the lease. I understood this tentative agreement as renting the property for 1 year with the possibility of revising the rental terms to reflect a higher rental amount if I was to continue using the storage unit after 6 months. I provided landlord with a security deposit in an amount equivalent to 1 month's rent. At this point, landlord and I have only been speaking. I had not signed a lease and keys to the property had not been provided to me.

Landlord proceeded with revising the rental agreement to reflect the tentative verbal agreement described. Landlord then sent me options for new rental terms pertaining use of the storage unit: 1) 6 month lease with storage included at no charge with option to renew lease at monthly rent determined by market rate or 2) 12 month lease with storage included with $25 increase in monthly rent every 6 months.

Neither option was viable for me due to financial reasons. I informed landlord of this issue. Landlord said that was fine and will refund my security deposit after receiving an address of where the payment should be mailed. I emailed the mailing address to landlord who then responded that we had entered a legally binding verbal contract and that landlord is entitled to 3-4 weeks' worth of rent (the equivalent of a termination payment) due to my inability to execute the agreement to term.

Is the landlord able to demand this sort of payment if:
- the check I signed indicated the amount was for a security deposit and not a holding deposit?
- no written lease/rental agreement was signed (i.e., I am not technically a tenant)?
- keys to the property were not given to me and I did not take possession of the apartment?

Thank you!
 
It sounds like you both acted in good faith. You had some kind of agreement to rent and then decided you were not interested. This process took a month's time. Understandably, the landlord is upset that he is out a month's rent. Legally, I would say that he is not entitled to the compensation, but you may have to go to court to get it back, in which case, you should be prepared to show that the delay was his fault and not yours.
 
The process unfolded itself over the course of 1 week. The open house was on a Thursday. I turned in my rental application on a Friday morning and was notified I have been selected as potential tenant the same day. Landlord and I met on Sunday (2 days later because I was out of town) evening to review the terms of the rental agreement. At this meeting, I shared with landlord my confusions and concerns due to the miscommunication/misunderstanding.

Landlord then agreed to revise the terms of the rental agreement to reflect our tentative verbal agreement, but did not contact me again until Thursday morning of the following week. Upon receiving landlord's message that morning, I attempted to address the misunderstanding. Landlord did not respond to my message until end of business day that Thursday at which point I informed landlord of my inability to agree to the rental terms proposed due to financial reasons. Landlord agreed to refund my deposit though it was never specified how much I would receive.

Landlord then contacted me yesterday claiming legal and fair entitlement to recover 3-4 weeks' worth of rent from my deposit despite the absence of a signed lease and the fact that this situation took place over the course of 1 week.

Thank you for any feedback.
 
It sounds like a classic case of a landlord taking advantage of someone after they have gotten her money. Good luck getting your money back. I would suggest contacting the consumer protection agency or whatever state agency that handles tenancy-landlord disputes.
 
can landlord keep se dop without a sign lease

i am not an attorney, but by having problems myself i learned a lots. never give a landlord a deposit whithout a sign lease or a sign statement between both of that your deposit will be return to you if anything go wrong. once someone get your money it will be hell to get it back. just be ready to fight for your money, he may go in court and lie just to keep your money. call fair housing, also go to local REP AND FILE A COMPLAINT ON HIM. Landlords like that need to be put out of business. one more note landlords will do a credit check on you. before you rent from anyone check them out also, because sometime you will get a landlord from hell. fight back.
 
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