San Francisco, CA asked in Landlord - Tenant for California

Q: I live in San Francisco. The main tenant of the house I wanted to rent the first floor from asked me for $900 to hold it

I gave her the deposit in mid-November to move in before the 15th of December. I might have found something else at a better rate. Since I was not supposed to move in before the 15th, is she entitle to keep the amount which was half of the rent for December? And since she's only the main tenant and not the landlord, is it legal? What does the law say in CA?

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
Answered
  • Landlord Tenant Lawyer
  • Newport Beach, CA
  • Licensed in California

A: The law says your written agreement controls who gets the money. Be sure you have a written agreement whenever you pay more than $10 to anyone for a future act. You can stand to lose $10, but $900 hurts.

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