Posted by Ken on October 10, 2000 at 00:54:03:
In Reply to: Re: Please help me answer this asap posted by nicole on October 09, 2000 at 21:25:45:
OK...Thanks for explaining the situation more fully, sorry this happened to you. Being from New York I still don't know what an "in law" apartment is, but I can tell you about renting apartments.
You should NEVER pay a deposit unless you are certain that you want the apartment. Yes, it may be late at night, you are tired from looking at places all day, the owner says there are a dozen people behind you waiting to rent. Well ... let them take it, there are always other apartments available.
Second of all, when renting an apartment (in general) you want a written lease. Read it and UNDERSTAND it before you sign. Too many things are left up in the air without it.
Lastly, in one session, try to take care of the lease signing, paying your deposit and rent, and get the keys to the apartment (and inspect it !!). All at the same time. That we you are assured of having occupancy to the apartment without problems. I realize this is not always possible, but experience has shown it is the best way of avoiding this type of problem.
If you had an oral agreement with the owner that you would get your deposit back if you decided not to rent, then you should get it back. If he refuses to return it you can take him to small claims court. Of course I am responding based on your side of the story; the judge will want to hear from both sides.
Again, sorry this happened to you, but as they say, anything that doesn't kill you, makes you tougher.
: Thank you ken for responding
: i am in california and a inlaw apartment
: My fiance and i went to view a in law that was first email to us as a one bedroom/bath/kitchen. when we went to view it they said it is a shared 2 bedroom in law which right then i knew something was funny. the landlord said that someone was going to look at it the next day and many others so we had to make a decission then. It was 1000pm when we saw it and were tired and wanted to think about it so he said i want first months rent and a deposit of 735 each now. I told him i will give him a deposit of 735 and think about it and will tell him in the next day what i decide if i want it or not. I decided not to for a few reasons mostly lieing about the 2nd man living in the place so i asked for my check back and he went and cashed it that day when i said no. In reality it would have been 18 days even before the tenants moved out and the place would be available and it was a deposit which i didnt think could be cashed like that especially that much. I have never rented before and now i know the most i should have gave is 100 or 200 for a holding deposit......could he do that and get away with it..thanks again :-)
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