QUESTION
Is that legal for them to make us wait for another tenant before they give back our deposit?
Asked on Sep 18th, 2015 on Landlord and Tenant Law - California
More details to this question:
Our circumstances changed and we are not moving to an apartment that we placed a deposit to reserve. Now we want our money back and the property manager said that we can't get it all and wait until somebody rent it.
2 ANSWERS
You do not explain the terms of the deposit so we can not give a certain answer. Normally, if a tenant puts down a deposit to rent a place, the landlord is entitled to keep at least that portion that covers the rent lost until another person rents the unit. Sometimes, the agreement also provides some compensation for the time and effort spent to find a new tenant. From what you have said, it does seem the landlord is acting correctly. Once you gave the deposit, he could not try to rent it out until you clearly stated you were not going to move in.
Answered on Sep 24th, 2015 at 2:53 AM