Can a landlord charge a $500 non-refundable fee to hold a rental unit?

Real Estate 3 views 2 answers
I’ve been in communication with a landlord regarding a rental house since January (2012). Early on in the communications, he mentioned that he needed to do some work on the house but would send me a lease as soon as it was available. He asked for $1,300 rent per month and a $1,500 deposit. I said that I could afford it and would read the lease when it arrived. For the past few months we’ve been in communication and but he’s not sent me the lease. He recently (March 23, 2012) called to tell me that the house was almost ready and to ask when I would be available to move in. He mentioned that he needed a date to put on the lease before he would send it to me. I told him that I’d need to give 30 days notice at my current place and would like to move in on the 1st of the month to avoid paying rent at two places. Today, I mentioned that the date to put on the lease (best for me) would be June 1. He told me that he’d do that; if I agreed to send him first month’s rent $1,300, to “hold” the place for me until June 1. He said that, if anything happened between now and then and I didn’t move in, he would keep $500 and return $800. My question is – is that legal? It seems like $500 is a lot of non-refundable money to hold onto when I haven’t even seen the lease yet. Also, am I obligated in anyway? I’ve been patient waiting for the lease to see what his terms are. Thanks for your help!

Attorney Answers

2
Frank Chen ·
Yes. In California, a "holding deposit" is a deposit to hold the rental unit for a stated period of time until the tenant pays the first month's rent and any security deposit. During this period, the landlord agrees not to rent the unit to anyone else. If the tenant changes his or her mind about moving in, the landlord may keep at least some of the holding deposit. A holding deposit merely guarantees that the landlord will not rent the unit to another person for a stated period of time. If you give the landlord a holding deposit when you submit the rental application, but the landlord does not accept you as a tenant, the landlord must return your entire holding deposit to you. However, the landlord can keep some or all of the holding deposit if the reason for not renting is because you backed out. You will probably lose your deposit even if the reason you can't rent is not your fault—for example, if you lose your job and cannot afford the rental unit. Even though you don't yet have a lease, to avoid any misunderstanding, I suggest you get something in writing from the prospective landlord regarding the $500 deposit.
0 upvotes
Brian Kelly ·
He can charge any fee for the option that you two agree on.
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