Recovering a Deposit Sent for a Possible Rental Scam
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed February 18, 2025
Legal Inquiry
Consumer Legal Issue
I'm travelling to sf and I had to find a place to stay for a month.. I found one using furnishedfinder.com I talked to landlord on facetime and he seems genuine, sent me a list of house rules...seems he genuinely care about the property...he is asking m to send the deposit $2000 dollar..I'm hesitating because that's a big amount and I haven't met the landlord in person. he signed the lease but its not docu signed.. what would be my rights if it turns out to be a scam. ho do I get my 2000$ back.
K I need more help. I did not meet the landlord in person but he showed me the place over facetime and I checked the street view of the house so from there it looks genuine but its still a big amount to send over zelle.. please advise. should I transfer the money over zelle? I don't know anyone who can visit the space in person and I'm out of state as of now.
Attorney Answer
Don't send the deposit by Zelle. If this turns out to be a scam, money sent that way is extremely difficult to recover, and verifying who you are dealing with beforehand is worth far more than any legal remedy afterward.
If someone knowingly makes false promises to get your money — claiming authority to rent a property they do not control, for instance — that can be theft by false pretense under California Penal Code § 532, which punishes knowingly and designedly obtaining money, labor, or property by false or fraudulent representation. The same conduct is civil fraud under California Civil Code § 1572, which covers asserting as a fact something you do not believe to be true, or suppressing a true fact you know, in order to induce someone into a contract.
Neither gets your money back automatically. Both take real time to pursue, especially against someone whose true identity and location you do not know.
The practical problem with Zelle and similar peer-to-peer transfers is that they settle almost immediately and generally are not reversible the way a credit card charge can be disputed. That is why confirming who actually owns and controls the property, before any money moves, matters more here than the claims you would have later.
What you can do
1. Before sending anything, independently verify the property's actual owner through county property records and compare that to who you are dealing with. 2. Ask to pay by credit card or another method with dispute and fraud protection rather than Zelle. Resistance to that request is itself a red flag. 3. Get a fully signed lease, with both parties' signatures, before sending money. 4. If you have already sent money and now suspect fraud, contact your bank immediately, and file reports with local police, the FBI's Internet Crime Complaint Center, and the FTC. 5. If you lose money to a scam and can identify the person, consult a consumer attorney or consider small claims court as a lower-cost path to try to recover it directly.
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- File or look up a case through the California Courts.
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- Visit FTC — Report Fraud to report scams and deceptive business practices.
Frequently Asked Questions
Can money sent through Zelle to a scammer typically be recovered?
Often it cannot. Zelle and similar peer-to-peer transfers usually settle immediately and lack the dispute and reversal protections credit cards offer, which is why verifying a recipient's identity before sending money matters more than trying to recover it afterward.
What is the difference between civil fraud and criminal theft by false pretense in California?
Theft by false pretense is prosecuted by the state and can result in criminal penalties for someone who knowingly obtains money or property through false representations. Civil fraud is a separate claim the victim brings themselves for damages, with its own elements including a false statement or concealment made with intent to deceive.
What are common red flags of a rental listing scam?
Common warning signs include a landlord who will not meet in person or verify identity, pressure to pay quickly through an irreversible method such as a wire transfer or peer-to-peer app, a price well below market, and reluctance to provide a fully executed written lease before payment.
