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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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I Was Asked To Move W/ A 60 Notice, Found A Place W/ gher

Customer Question

I Was Asked To Move W/ A 60 Notice, Found A Place W/ Higher Rent Payed $235.00 Holding Fee And Owner/Landlord Asked Me To Stay. Problem,72 Hrs. Had Lapsed And I Lost The $ 235.00,Should I Accept This Loss Or Put It Back On My Landlord For The Inconvenience?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 11 months ago.

Dear Customer,

I am sorry to learn of this matter.

Unfortunately, there isn't a legal claim you can make here - your current landlord gave you a proper notice of lease termination (60 days notice - a "no fault" termination that simply says "no thank you" and we are done leasing to you). You placed a non-refundable deposit of $235.00 with a new landlord (a not insubstantial sum, but not an exorbinant sum (some landlords try to charge thousands of dollars which become unenforceable), and can arguably be equated to the cost of holding the unit for you.

You can try to negotiate with your current landlord to get them to reimburse you for this expense in return for rescinding their notice, but as far as a legal claim, you really don't have a way of forcing them to do so. (I think you have a reasonable basis to claim the money in fairness, but unfortunately that does not translate to a legal claim).

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