snocom1192
New Member
- Jurisdiction
- California
I was looking for a place to move in, and found a room to share with another roommate online. I went to see the unit (day 1)and confirmed the 6month term by email(day 2). I paid security deposit and first month rent, total $3000.The email base agreement was very simple and basically says like this, 6-month lease, rent is $1500, Security deposit is $1500. No description about termination or cancellation of the lease.
And then I received the key on day 3, but the situation had changed and I didn't have to move anymore, so I let the person know about the cancellation of the lease(day 4). I didn't move in on day 3, just picked up key.
The person told me that he used the money for next month rent (the day was the first day of the month) and didn't hold it anymore and couldn't return it to me. So I asked him to return the money and he also said that "Ok, I will hold the money until I find a replacement". Next day(day 5), I returned the key and he told me the same thing above verbally.
After that conversation, I texted him about the new tenant every 2 weeks and now he is upset that I asked him about that and claiming he doesn't have to retuen money because no mention on the lease.
I understand early termination of the lease can occur with no return of what we paid, but in my case, he agreed to return once, and now he is not willing to. I'm planing to go to small claim court but wanted to ask someone's opinion.
And then I received the key on day 3, but the situation had changed and I didn't have to move anymore, so I let the person know about the cancellation of the lease(day 4). I didn't move in on day 3, just picked up key.
The person told me that he used the money for next month rent (the day was the first day of the month) and didn't hold it anymore and couldn't return it to me. So I asked him to return the money and he also said that "Ok, I will hold the money until I find a replacement". Next day(day 5), I returned the key and he told me the same thing above verbally.
After that conversation, I texted him about the new tenant every 2 weeks and now he is upset that I asked him about that and claiming he doesn't have to retuen money because no mention on the lease.
I understand early termination of the lease can occur with no return of what we paid, but in my case, he agreed to return once, and now he is not willing to. I'm planing to go to small claim court but wanted to ask someone's opinion.
