non-refundable deposit on a lease

[srkang1]

I gave a check for a deposit on a lease (in CA). She gave me a receipt and wrote "not refundable if you change your mind" The lease isn't supposed to start for another 2 days, I haven't signed the lease yet, and I don't want to rent from her anymore. Is there any way to get the deposit back?
Is it wrong to cancel my check? can she file a sm claims against me if i canceled my check?

please help !!!!

 

[Innerlaner]

The money is hers. She held the apartment for you. If you didn't put down the deposit, she could have made it available to someone else. Sorry.

 

[Michael Wechsler]

I don't necessarily agree.

(1) Did you sign the receipt? It doesn't seem to be the case. As such, you may not necessarily held accountable for that additional term that was unilaterally added by her.

(2) When did you agree to rent the apartment? When did you get the lease? The landlord would need to mitigate damages IMHO. She can't just rent the place out tomorrow and keep your check even though she had no damages as a result of your decision.

(3) If you decide to cancel the check, give her a call first informing her not to deposit it and send a fax if possible and/or email as proof of notice. You may also use your mobile phone. You not only don't want her to incur extra charges but you don't want to look like an irresponsible deadbeat should it ever go in front of a magistrate.

Good luck.