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holding deposit cashed please help

Posted by Nicole on October 09, 2000 at 21:27:45:

sorry to post this again but hopefully this will be more clear about whats happening, its really upsetting and i hope i can get some answers

i am in california and a inlaw apartment

My fiance and i went to view a in law that was first email to us as a one bedroom/bath/kitchen. when we went to view it they said it is a shared 2 bedroom in law which right then i knew something was funny. the landlord said that someone was going to look at it the next day and many others so we had to make a decission then. It was 1000pm when we saw it and were tired and wanted to think about it so he said i want first months rent and a deposit of 735 each now. I told him i will give him a deposit of 735 and think about it and will tell him in the next day what i decide if i want it or not. I decided not to for a few reasons mostly lieing about the 2nd man living in the place so i asked for my check back and he went and cashed it that day when i said no. In reality it would have been 18 days even before the tenants moved out and the place would be available and it was a deposit which i didnt think could be cashed like that especially that much. I have never rented before and now i know the most i should have gave is 100 or 200 for a holding deposit......could he do that and get away with it..

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