Security Deposit?

[valerieg]

I put a security deposit on a house on 9/3 (1,600.00)the property was and is still currently being utilized as a real estate office. The owner agreed to install a kitchen and have the property ready by 10/1. On 9/15 I decided I didn't want to move to that location for several reasons. 1. I've been living in a hotel with my children for 2 weeks with most of our belongings in a UHaul truck (my previous home sold within 7 days and I had to be out rather quickly.) 2. the property uses propane heating system which I found carries about a $3,000.00 bill for the winter months. This I can not afford as the rent alone is 1600.00. I phoned the landlord who is still using the property as her office and hasn't moved out at all, in addition she has said she hasn't even started the kitchen work yet. She claims she is keeping my security deposit if she can not rent the house by 10/1. Is this legal? She deposited my check on 9/5 into her personal account, aren't security deposits suppose to be put in an Escrow account, not her personal account. Being a single mother with 2 children who has spent the last two weeks and about $800 on hotels and uhaul fees doesn't have 1600$ to just toss aside... Does she have the right to keep my deposit considering she's done nothing to prepare to move or make the house even habitable? Please Advise!

 

[cdemott]

If the house is not ready on 10/1 you can sue for your deposit back claiming "constructive eviction" Google the landlord/tenant laws in CA. Here in Hawaii, if the place is not ready by the date they said it would be you are due your full deposit and the lease is terminated. She has to meet the date.

Don't bug her about it anymore if you really don't want to move in. Pretend you do. When the place doesn't have a kitchen on the 1st tell her that you want your deposit back or you will end up suing her for it in small claims court. If she is willfully or wrongfully holding it, you are entitled to double or triple the amount. You can also report her to the CA Real Estate Commission, and please tell her that you will. Start looking for a new place but don't put money down. As for your hotel fees and so forth, just save reciepts, you never know.

Good luck