Landlord kept deposit but i never moved in

[docfluty]

I left a deposit for a house of $2500 and then i had to cancel 7-9 days later... i never moved in.. never signed ANYTHING... never took the keys... but my landlord wants to keep part of my deposit because he says he had people wanting to move in but couldn't let them because i left the deposit.

I tried to settle and give him a few hundred.. but he recently changed his mind and wants an even larger portion now.

does he have a right to keep any portion on my deposit?

 

[jacksgal]

Sure he does. You kept him from renting home by placing a deposit on it

 

[docfluty]

ok but we came to an agreement that he would keep $250.. then 2 days later he changes his mind and wants $800

how much does he have a right to keep?

California Civil code 1950.5 says

(m) No lease or rental agreement may contain any provision
characterizing any security as "nonrefundable."

so why cant i get a refund on my deposit?

 

[jacksgal]

If you had an agreement was it in writing? What was the terms of the deposit? Was it refundable? This likely going to have to be resolved in Civil court. You will certainly owe something since you caused him damages you might owe the entire deposit.

 

[docfluty]

we had a verbal agreement over how much of the deposit he was going to keep, and i was supposed to come over today with it typed up and signed.. saying i wouldnt sue him over the rest and blah blah..

but when i called to let him know i was on my way over he says he changed his mind..

 

[jacksgal]

Ok then there was no agreement since it was to be put in writing and wasnt. If you want this money or a portion of it back your going to need to sue him