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I recently looked at a home to rent.. the owner asked me…

Hi. I recently looked...

Hi. I recently looked at a home to rent.. the owner asked me verbally for a 1000 "Holding" deposit and she would apply it to my 1700 rent when iive in... which I gave her. Then a week later I received the lease via email which I signed, but she also listed that "if you have any pets you need to have that conversation w me prior to moving in" I called her and told her I have a cat.. she said, no, no cats allowed and for me to "let her know what my plans are gonna be cuz it will take her another month to find a renter" I said, well, clearly it's not going to work out, so you can give me back my 1000 holding deposit and find someone else. She said, no, I'm not giving it back to you, you broke the lease and you owe me an additional 700 for rent. I said, I didn't even move in, why would I need to pay you an additional 700 and why won't you return my $1000 of yours not "Holding" anything for me. Uggggg the b...h won't give me my money back as he there was nothing in the lease about any "holding deposit" it was all verbal

Lawyer's Assistant: When we are ready I'll take you to the appropriate web page.

K

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

Santa Cruz, California

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

No. And plus, I didn't move in because she said I could not move in with my cat

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

She told me that if I didn't give her an additional 700 for my rent that she will take me to small claims court. Jeez I don't even move in.. lady is a f'ing ahole

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Answered in 2 minutes by:
3/23/2018
Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 39,341
Experience: Attorney with 30 years of experience representing landlords and tenants.
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Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

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Did you give the signed lease to the landlord?

Did it contain any provision for early cancellation?

Ask Your Own Landlord-Tenant Question
Customer reply replied 5 months ago
I did give her the signed lease.. but also "had the pet conversation w her (per the lease agreement) prior to any plans on moving in. There were no provisions about a "holding deposit" in the lease. She is the one that told me no, no you can't be here w a cat... and is withholding my money and demanding I pay her rent. I think she is mentally ill

Does the lease have any provision forbidding the cat?

Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 39,341
Experience: Attorney with 30 years of experience representing landlords and tenants.
Verified
Loren and 87 other Landlord-Tenant Specialists are ready to help you
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Customer reply replied 5 months ago
No... And when we 1st met in person she only asked me if I had a dog
Phone call session started
Customer reply replied 5 months ago
Thank you for your expert advise on the phone, Loren... I appreciated it very much!!!
Sky
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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