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MShore
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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i paid a partial deposit for a room, it turns out that im not

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i paid a partial deposit for a room, it turns out that im not going to move in, so i requested a refund for the deposit, i have a receipt, and i have not moved in and the arranged date to move in is still a week away, the land lord refuses to refund the deposit, i have signed no lease , all i want is my deposit back, but the landlord still refuses to give it back please help as soon as possible, i am a student barely living paycheck to paycheck and i know that the more time pases the worse it could get, they could claim that i was late in informing them , but i informed them immediately when i decided not to move in thank you
Submitted: 3 years ago.
Category: Legal
Expert:  MShore replied 3 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Did you submit an application for the room, for which you were approved, then submitted the partial deposit?
Customer: replied 3 years ago.
i have signed no application all i have from them is a receipt for the deposit that was paid three days ago, no application no contracts i have signed nothing that connects me to them all i have from them is a receipt, if you can fully answer my question i will be more than happy to entitle you to your credit and please tell me which green button, and in addition if you help me get my deposit back i will try my best to give you more
Expert:  MShore replied 3 years ago.
Thank you, XXXXX XXXXX time passed between the time you submitted the deposit and you communicated that would to rescind the agreement to move in?
Customer: replied 3 years ago.
i paid the deposit 4/27/2011, today is 4/29/2011, i was supposed to move in on the 5/5/2011, later the landlords son called me and asked that i move a little later so i decided and agreed on 5/11/2011..... to simplify i paid the deposit about 52 hours ago, but i informed them about my not moving in about 3 - 4 hours ago
Expert:  MShore replied 3 years ago.
Thank you, XXXXX XXXXX entitled to a refund, whether that is a full refund or partial refund depends on what efforts the landlord took to remove the property from the advertisements/listings. Because you canceled within 72 hours, it is very likely that the property is still listed as a for lease, thereby diminishing the landlord's change of position based on your submission of the deposit. If for example the landlord advertised the property via craig's list or some other online adspace, you are entitled to a full refund as not enough time has passed to amend or remove the advertisement.
Customer: replied 3 years ago.
i promise you will receive your deposit, and if i can a little more, but can you tell me where i can get some sort of documents with like civil codes or some laws that enforce my situation??
Expert:  MShore replied 3 years ago.
Yes, see http://www.dca.ca.gov/publications/landlordbook/index.shtml

But bear in mind that because no lease was executed and there was no written agreement whereby you acknowledged and agreed that the deposit was nonrefundable, it is a matter of competing equities (your entitlement to a full refund versus the landlord's right to compensation to offset any detrimental change in position based on your representation that would lease the room). Therefore, civil codes would not apply.
Customer: replied 3 years ago.
Thank you so very very much i wish you the best and please reply so that i can accept the answer, one more thing ... if i show this to the landlord or present this my query and answer to the proper authorities will it hold any weight in my favor?
Expert:  MShore replied 3 years ago.
If you show this query to the landlord he may find it compelling enough to offer a partial refund, if he does not, your next step is to send a written demand letter for the return of the deposit, indicating that if he fails to comply, you will report the matter to the attorney general's office, division of consumer protection.
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
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