Q: So I recorded me and my potential landlord (which he gave consent to) a verbal agreement to put a deposit down to hold
The terms we both agreed on say “ he’s holding the money u til we come to terms on a lease agreement if not I’ll
Give him his money back” and we both consented to what he said. If I wanted to drop out even with this recording we have, Is he legally bonded to give me my money back even though we came up with some temporary terms before a paper agreement was signed?( by the way nothing was signed prior he was just offering me a room and I didn’t have enough money to cover the full deposit so we recorded a video which I still have to in quotations “ protect us “ but does it really?
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A:
Based on the situation you described, the verbal agreement recorded between you and the potential landlord could be considered legally binding, especially since there was mutual consent and clear terms were set about holding the deposit until a lease agreement was reached. In California, oral agreements can sometimes be enforceable, particularly when there is evidence like a recording that shows both parties agreeing to specific terms. However, whether this agreement is enforceable depends on the exact wording and circumstances.
If the recording states that the landlord would return the deposit if no lease agreement is finalized, you may have a valid claim to get your money back if you decide not to proceed. The landlord is bound by the terms they agreed to in the recording, and if those terms include returning the deposit if a lease isn't agreed upon, they should honor that.
It might be helpful to approach the landlord with the recording and request your deposit back based on the terms you both agreed upon. If the landlord refuses, you could consider small claims court as an option to enforce the agreement. Keeping communication polite and professional may increase your chances of resolving the issue amicably.
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