Potential Renter backed - do I have to return the holding deposit?

[fauve4]

I'm mellow...

I have definately mellowed a bit... turns out this person backing out was a good thing... as I ended up with the greatest tenants... quiet, pay rent a day early... and just plain sweet and nice... so in the long run... even if I loose in court it was all for the best. If they had taken occupancy, it would have been a much worse nightmare...

Court at 2:15 PM today... will let you know how it goes, and the outcome so y'all can learn from my experience on this one. I'd say in the future when taking holding deposits, make sure it's in WRITING so there is no question... my bad on that one! But who knows, maybe I'll win... I think my odds are 50/50.

 

[msommer]

No receipt

Do the renters have proof that they gave you the money? If you didn't give them a receipt, how are they going to prove that they gave you any money?

 

[fauve4]

They gave me a check....

They didn't give me cash... they gave me a check... which served as their receipt...

 

[Who's Liable?]

Do the renters have proof that they gave you the money? If you didn't give them a receipt, how are they going to prove that they gave you any money?

They can't...

Cash, Money Orders, and Certified Bank Checks are NOT proof that you paid rent... They are only proof that you got cash, bought a M.O. and a certified Bank Check. Writing on the check: Dec. Rent 05, or Rent, and making a copy of the check BEFORE you give it to the LL makes pproving to the judge that you paid rent a lot easier. After all, anyone can write RENT on a check, but how does someone know that it actualyl went to paying rent, and not a new car stereo?

The LL's Reciept is proof that you paid rent...

Does someone hear an echo?

 

[fauve4]

Court is over... now I wait!

I went to court today, and I must say it was terrible. They asked us to do mediation first which was a joke because the Plaintiff took all the information they gathered during mediation then changed their story in court. Lied through the nose under oath.... I couldn't believe it. Anyways, the judge asked tons of questions... like what did you think the deposit was for? and if she had rented the apartment to someone else after you gave the deposit would that have been ok? (Person actually said that would have been fine! Liar! Also lied and said we hadn't agreed on a move in date... and they had clearly written "move in date May 7" on their deposit check! I hope the judge takes that into consideration)

So, the judge said he saw both sides of the issue.... clearly deposits are given to hold apartments, however no lease was executed so no binding contract was entered into... so he needed to look into some things and will issue a judgement in a few days and I'll be notified by mail. I still think it could go either way at this point. Perhaps he'll splitt he difference. What a frustrating process! One point of advice... never agree to mediate... it was a joke and they will use information gathered there to beef up their case in court (by filling in their LIES with more LIES!)...

I'll post again when I get the judgement.

 

[fauve4]

Judgement recieved

Thought I'd share the the judgement with y'all:

Decision​

The Plaintiff provided the Defendant with a $1400.00 security deposit. The purpose of the security deposit was to insure the Plaintiff’s ability to rent the apartment. Based upon the Plaintiff’s commitment, the Defendant removed the apartment from the market and terminated her effort to seek other lessee’s for the apartment. Based upon these actions the Plaintiff knew, or should have known, that the purpose of the security deposit was to hold her responsible for any damages suffered by the Defendant as a result of her removing the apartment from the rental market. It appears the Defendant took all actions possible to mitigate damages. Accordingly, the Defendant is entitled to deduct from the security deposit $948.39 for lost rental, and $33.18 for additionally occurred advertising costs.

Judgment for the Plaintiff in the amount of $418.43 plus court costs and interest.

So ordered.

 

[LindaP777]

Thought I'd share the the judgement with y'all:

Decision​

The Plaintiff provided the Defendant with a $1400.00 security deposit. The purpose of the security deposit was to insure the Plaintiff’s ability to rent the apartment. Based upon the Plaintiff’s commitment, the Defendant removed the apartment from the market and terminated her effort to seek other lessee’s for the apartment. Based upon these actions the Plaintiff knew, or should have known, that the purpose of the security deposit was to hold her responsible for any damages suffered by the Defendant as a result of her removing the apartment from the rental market. It appears the Defendant took all actions possible to mitigate damages. Accordingly, the Defendant is entitled to deduct from the security deposit $948.39 for lost rental, and $33.18 for additionally occurred advertising costs.

Judgment for the Plaintiff in the amount of $418.43 plus court costs and interest.

So ordered.

Are you satisfied with the decision? I take it you rerented the place quickly - that's why you didn't get the full amount?

 

[safeber]

You were just unlucky with the judge you had he was probably a pro tem, I lost a case where the tenant stopped paying rent because they said they were saving to buy a house, they left owing me two months rent plus caused over $5K in destructive damage everything from ripping of the kitchen counters to urinating all over the floors.

I presented photo's and a detailed paper trail along with an iron clad lease.

The judge awarded me zero dollars stating "This is what I call Buyer Beware you knew when you bought the building you may have problems with tenants in the business you chose so Buyer Beware I award you zero dollars".

All depends on the judge you get.

Sorry to hear you had to absorb damage costs. What state was this? It is very true that it does depend on the judge. Unfair but true. Were you able to appeal?

 

[south]

California and a Pro-tem with a background in criminal not real estate and no I could not appeal, all I could do was file a complaint with the judicial performance blah blah who sent my complaint to the Pro-tem to decide if I had a case or not a bit like asking the accused if he would like to decide if he should be found innocent or guilty...

Off course I got my response back and it said after review the pro-tem has decided you have no argument!

After that point everywhere I sent my complaint it would always end up being decided by the very person I was complaining about.

So its official according to Judge/Pro-Tem James Sadigh if you buy a building in Los Angeles county all tenants can stop paying rent and destroy the unit with no responsibility to pay for rent or damage under the legal term of Buyer Beware.

What a putz!

Sorry to hear you had to absorb damage costs. What state was this? It is very true that it does depend on the judge. Unfair but true. Were you able to appeal?

 

[safeber]

Good point, so this apparently sets precedence or a good case of discrimination with a little professional negligence added on top.

Sounds like you did a lot of chasing attempting to rectify this unjust situation but if you still have any energy left there may be another rung to reach for to get public notice of this BS.

This certainly will put the city or county in the path of a class action suit with landlords in the area with similar rulings. I wonder what this judges opinion of a replical of the LA riots in his neighborhood would be? Probably first in line looking for a government handout.

 

[south]

That was the problem Pro Tem's can not set precedence when they make a mistake it is not their problem and cannot be used to set precedence, the pro tems are pretty much free to rule with personal feelings rather than law.

Did not help me I do not think that the Judge was part Armenian and the tenants were Armenian.

I have learnt my lesson always get a real Judge to listen to your case.

I have sent about 30 letters out on this and they all end up in his hand no matter who I send it to, its nuts...

Good point, so this apparently sets precedence or a good case of discrimination with a little professional negligence added on top.

Sounds like you did a lot of chasing attempting to rectify this unjust situation but if you still have any energy left there may be another rung to reach for to get public notice of this BS.

This certainly will put the city or county in the path of a class action suit with landlords in the area with similar rulings. I wonder what this judges opinion of a replical of the LA riots in his neighborhood would be? Probably first in line looking for a government handout.

 

[safeber]

Wow, much more detail than I thought. BTW...I would not know how to identify a ProTem in this situation. Is this fact revealed in paper work, stated at trial, other..?"

Thanks

 

[south]

When you are in small claims before the Judge comes out everyone is asked if that would mind their case being heard by a protem, if you do mind you get transfered to another court room with a real Judge..

I figured my case evidence photos and contract was a slam dunk so did not bother transfering... big mistake!

Take it as a lesson like I did never have your case heard by a protem...

Wow, much more detail than I thought. BTW...I would not know how to identify a ProTem in this situation. Is this fact revealed in paper work, stated at trial, other..?"

Thanks