My question involves landlord-tenant law in the State of: California
I used craigslist to find a place. This is a real guy and not a scam, though we never met in person. All communication we have had (besides me sending a security deposit) is over text.
I committed to rent a property in California on 8/9/2016. The start of the term (9/1/2016, pro-rated rent if I move in early) and the price ($1200/mo) were agreed upon, and I sent a deposit of $1500. On 8/23/2016, the other party told me that the rent was going to raise to $1300 because he realized he could get more money, or I could walk away and get my deposit back. I told him I would like to get my deposit back, and I am already committed to a different place. I reminded him twice that day to send my money back, and once he replied "Okay". On 8/24/2016, he told me that he didn't think he could actually get another renter, and asked if I was "willing" to agree to the original terms again. I said no. Then he "did some research" and is telling me that he will deduct the first month of rent from my deposit if it doesn't sell, and that he is just honoring the original contract, which was already voided by both of us. All of our interactions are recorded in one text conversation.
What should I do? How "in the right" am I if I go to small claims court? Is this cut-and-dry? If I end up suing, what pitfalls should I avoid?
I used craigslist to find a place. This is a real guy and not a scam, though we never met in person. All communication we have had (besides me sending a security deposit) is over text.
I committed to rent a property in California on 8/9/2016. The start of the term (9/1/2016, pro-rated rent if I move in early) and the price ($1200/mo) were agreed upon, and I sent a deposit of $1500. On 8/23/2016, the other party told me that the rent was going to raise to $1300 because he realized he could get more money, or I could walk away and get my deposit back. I told him I would like to get my deposit back, and I am already committed to a different place. I reminded him twice that day to send my money back, and once he replied "Okay". On 8/24/2016, he told me that he didn't think he could actually get another renter, and asked if I was "willing" to agree to the original terms again. I said no. Then he "did some research" and is telling me that he will deduct the first month of rent from my deposit if it doesn't sell, and that he is just honoring the original contract, which was already voided by both of us. All of our interactions are recorded in one text conversation.
What should I do? How "in the right" am I if I go to small claims court? Is this cut-and-dry? If I end up suing, what pitfalls should I avoid?
Security Deposits: Is Small Claims Court Right for Me
Aucun commentaire:
Enregistrer un commentaire