Yes, answer A is correct. For a rental
of a single family house, in order for the landlord and tenant to agree that
the tenant should perform some of the landlord’s obligations, the agreement
must be in writing, for consideration, in good faith, and not so that
the landlord can evade obligations. In this case, it doesn’t seem
that the agreement is for consideration, since Juana already had an agreement
to rent the house, and did not receive any additional benefit for agreeing
to undertake repairs and trash removal. Furthermore, it is unclear that
the agreement to do ‘repairs’ obligated her to specifically
fix the sink and paint the living room. As there was no enforceable agreement
for Juana to assume John’s obligations, her deposit should be returned
to her.
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