Getting security deposit back in court.

[Zphelp]

I contacted someone for a room for rent, from an online apartment search website. I viewed the property, and agreed verbally, through phone and text messages, that I wanted to move in Nov. 1st. A few days prior, the renter asked if I could drop off a Security Deposit, because the person who was currently renting the room could not pay rent, needed to move asap, and needed his security deposit back. She pressured me and I got a cashiers check from my credit union for $500 and gave it to her Oct 30th. Immediately after giving her the check I felt uncomfortable and started asking questions, I should have asked prior to handing over the check. I asked if she owned the condo, she said no. She said she is sublething the room to me. I asked how long her lease was, she said "uhh like a year, 12 months." I felt really uncomfortable, but really had to leave. She said if you are unsure or want to change your mind please let me know asap. I said ok and left. So, I gave her the cashiers check, she gave me a receipt, for a security deposit, signed only by her, and no where does it say non refundable. I didn't sign anything, no lease agreement, nothing, I was in a rush and she gave me a rental application to fill out and return on Nov. 1st along with 1st months rent, when I was supposed to sign the lease. Less than 2 hours later I called and said I was uncomfortable with the room being a sublet and asked if she has a copy of her lease I could view. She said no. I said ok, I need my check back and I don't want the room. She said she had already deposited it into her bank and she would send a payment in the morning via my bank. She sent a payment, but canceled it. Now we are going to court. She is also threatening to sue me for one months rent for backing out. She says my texts are a verbal agreement. It was a month to month "agreement." It is in Southern California. Help please.

 

[HRZ]

You got scammed ?

DId she send you a bad check?

IF a supposed LL refuses to share the terms of the supposed lease deal then it sure seems to me ( as an old retired LL) then there never was a meeting of the minds to create a contract agreement....the two of you at best agreed to agree. .

Is this room rental and her role as your LL to be, legal in your jurisdiction ...a deal that violates public policy is most difficult to uphold .

 

[Zigner]

I disagree with HRZ. You agreed to rent the room and gave a security deposit. Oral leases are perfectly valid in CA. Since you failed to give 30 days notice, you are not entitled to your deposit back.

 

[Zphelp]

I disagree with HRZ. You agreed to rent the room and gave a security deposit. Oral leases are perfectly valid in CA. Since you failed to give 30 days notice, you are not entitled to your deposit back.

When I gave her the check, I was openly hesitant, and, stupidly, gave it as a good faith gesture. She verbally told me if I'm unsure just to let her know asap. I called

You got scammed ?

DId she send you a bad check?

IF a supposed LL refuses to share the terms of the supposed lease deal then it sure seems to me ( as an old retired LL) then there never was a meeting of the minds to create a contract agreement....the two of you at best agreed to agree. .

Is this room rental and her role as your LL to be, legal in your jurisdiction ...a deal that violates public policy is most difficult to uphold .

After going back and forth via text about going to court, she text me and said, "by the way I just rented out the room" then said she was going to send an epayment for the total amount through Zelle. She sent the payment but canceled it. I have a screenshot showing payment canceled. Now I'm taking her to court. I feel if the validity of my text telling her I wanted the room, which I did at the time I sent the text, is binding. Then her telling me the room was rented, through text, and sending a bogus payment should be binding as well. She then tried to cover up and sent me an email saying I am to move in on the first as agreed, like nothing ever happened. Then I sent her an email stating she has 21 days to return my Security Deposit or I will sue. Then She sent me an email and a certified letter stating She is suing me for the first months rent.
Also... I have a receipt from, and signed by her, stating the $500 if for a security deposit. Not a hold deposit. Those are 2 different things.

 

[Zphelp]

I disagree with HRZ. You agreed to rent the room and gave a security deposit. Oral leases are perfectly valid in CA. Since you failed to give 30 days notice, you are not entitled to your deposit back.

HRZ, if you read my other reply on the post. If verbal/text msg agreement are valid, her statement should be as well, right? She said she rented the room out and was going to send my payment. Then canceled it.

 

[adjusterjack]

She won't win on the month's rent because she already re-rented and has no loss. She might also lose on the $500 since she won't be allowed to profit from your breach.