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!
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!