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Saw a house, got approved.ownerwanted$2750deposit.made it in…

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Saw a house, got approved.ownerwanted$2750deposit.made...
Saw a house, got approved.ownerwanted$2750deposit.made it in cash next day(have receipt).Came 4 second showing-His sister was staying there while trying to rent it out as he(owner)lives in LA. My 3rd & final visit,Itook my14 yr old son.This is when we found a HUGE bee hive w/a swarm of thousands attached to the barn/garage.Iasked the sister if she was aware of the bees-she was. Then told me her brother wouldn't have an issue having them moved. I have an 18 mo old daughter and would not rent unles removed- after speaking to his sister felt confident he'd take care of it.turns out he wanted my exhusband to put in the tile flr(he was to have done already),a 5-6K job in exchange 4 removing bees!This conversation took plc.5/31-Lease was to begin6/1.He then said to hold off on the move because his sister hadn't returned his calls for 4 days and he wasn't even sure she was out yet.We didn't agree on his"deal"and I would think the lease was broken as we never took possession.Can he keepDEPOSIT
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 9 minutes by:
6/11/2010
Real Estate Lawyer: lwpat, Attorney replied 8 years ago
lwpat
lwpat, Attorney
Category: Real Estate Law
Satisfied Customers: 25,387
Experience: Practicing attorney with expertise in easements
Verified

You need to send him a certified letter demanding return of the money and also send it by first class mail. You want to classify it as a security deposit. You can get a sample letter here

 

http://www.courtinfo.ca.gov/selfhelp/smallclaims/secdepletter.htm

 

 

Here are the forms and information on filing in small claims court.

 

http://www.courtinfo.ca.gov/selfhelp/smallclaims/research.htm#secdep

 

Good luck

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Customer reply replied 8 years ago

well I still need to know the actual law. Is what he's doing legal? I was told that if I never took possession and never received the keys that the lease is void and means nothing. As well as him breaking the lease anyhow by telling me not to move in on the first. But even if he didn't say not to move - as long as there was never a walk through nor keys given- he must return my deposit or he will have to pay me 2.5 X'S the original deposit. Also never telling me about the bees on the property knowing I have a toddler?????

I guess I'm asking what is the actual law?

Thanks

Real Estate Lawyer: lwpat, Attorney replied 8 years ago
Your contention will be that the bees were dangerous and that the unit was not habitable and that broke the lease and that he agreed since he would not turn over the keys or do a walkthrough. It is a simple breach of contract issue since he is required to turn the unit over suitable for habitation. That is the law.
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