Joanne Spitz gives a landlord $100 to hold an apartment for a day while the landlord has a written lease prepared overnight containing a rental clause for $800 per month
The next day on the way to sign the lease, she sees another apartment much cheaper that she wants, and wants to cancel the first deal. Which of the following statements is true bout the $100 payment?
A) It is a down payment and the landlord can only claim any actual loss.
B) It is a down payment and is lost on cancellation by Joanne
C) It is a deposit and is lost on cancellation by Joanne
D) It is a deposit and must be given back to Joanne on cancellation.
E) It is a deposit but the landlord can only keep it if he has actual loss because of the cancellation.
C
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