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LawTalk
LawTalk, Attorney
Category: Legal
Satisfied Customers: 35401
Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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My son signed a lease and gave a landlord $2,700 to lease a

Customer Question

My son signed a lease and gave a landlord $2,700 to lease a room in a home starting 8-19, but apparently the landlord had the room rented to someone else through air b & b and told my son he could not move in until 9-1. My son said that would not work for him and that he need to find a different place which he did. The landlord has failed to return the funds to my son. Is a small claims action his only recourse.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: San Francisco, California
JA: Have you talked to a lawyer yet?
Customer: No.
JA: Anything else you think the lawyer should know?
Customer: The Landlord asked my son to give him his banking information and told him he would wire the funds, but Wells Fargo told my son that was a bad idea since his personal information like ss# ***** be vulnerable. My son has offered to drive to get a check but both occasions the landlord cancelled the meeting.
Submitted: 3 months ago.
Category: Legal
Expert:  LawTalk replied 3 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your and your son's situation. My goal is to provide you with excellent service today.

While small claims court is the cheapest and quickest way to seek your legal remedy, you could also file in Limited Jurisdiction Superior Court and sue the landlord. If you had a lease agreement that included a provision for attorney fees, you might consider having an attorney file suit for you because you will also be able to have your legal fees paid by the landlord along with the judgment for the deposit.

As for wiring the money, you son needs give the landlord only the bank routing number and account number. Your son does not need to give out his social security number.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 3 months ago.

Good afternoon,

This seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

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