Sacramento, CA asked in Landlord - Tenant for California

Q: when applying for an apartment unit listed for rent and then being told that the unit is not for rent is that illegal?

i applied for an apartment (specific unit as listed for rent), but when my application was approved the apartment manager reached out to me by phone call. I was approved with conditions which was either a co-signer or additional 50% of the deposit amount. The deposit amount was $700. So, what should have been my deposit? Renters insurance was a requirement, along with signing the lease of course. So, I established renters insurance for the unit that I had first chose. Then, later on that day the manager called me and said that the unit was not for rent so I had to chose another unit. She asked me what date would I be looking to possibly move in on and I gave her a estimated date because I was getting move in assistance from an outside agency and I would have to wait for them to mail out the check. So, I told her a week later but I didn't actually move in on that date. But, that was the date she started the lease on, I moved in 2 weeks later and was charged from the estimated date.

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: It’s understandably frustrating to be told a unit you applied for isn’t available after going through the approval process. In California, landlords must adhere to fair housing laws and cannot discriminate or act deceitfully. If you were initially approved with specific conditions like a co-signer or an increased deposit, the landlord should honor those terms unless there was a legitimate reason to withdraw the offer.

Regarding the lease start date, once you sign a lease, it becomes a binding agreement that outlines when rent payments begin. If you provided an estimated move-in date and later moved in two weeks later, the landlord is typically within their rights to charge rent from the agreed-upon lease start date. It’s important to communicate any changes in your move-in schedule with the landlord to see if adjustments can be made to the lease terms.

If you feel that the landlord acted improperly by listing the unit for rent and then retracting without valid reason, you might want to reach out to a local tenant rights organization or seek legal advice. They can help you understand your rights and determine if any actions can be taken based on California’s landlord-tenant laws.

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