If you were to pay a landlord a deposit with the intention of moving into an apartment, but then back out, and the landlord then rents out the apartment to someone else, can the landlord legally keep the deposit or must it be returned? This is a NY issue.
2007-01-23 06:02:37 · 10 answers · asked by jayzfan4evr 1 in Business & Finance ➔ Renting & Real Estate
There was never a lease signed...
2007-01-23 06:21:32 · update #1
Depends on a couple of points.
Did you sign a lease? If so, when did you give notice that you intended not to take the apt?
If you signed a lease, then contractually, you have defaulted, and the money is his. If he in turn was able to lease the apt at the same period you had a lease for, at no additional cost to him, then he should out of good faith return your money. If it is a relatively small amount of money. (say under $500), if he wont refund the money, then tell him you are taking him to small claims. That may be mnore of a boither to him than money.
If there was no lease, then contractually, he MUST return the money. Give him a registered letter, demanding payment in 5 business days, or you will sue him for the amount and court fees. Add that you will be referring the case to the Attorney General as well.
2007-01-23 06:10:48 · answer #1 · answered by Anonymous · 1⤊ 1⤋
Most deposits are non-refundable...and the Landlord can decide whether or not to give it back if you decide not to get the apartment, most wont...but some do..it also depends on whether or not a rental contract was signed( it may be noted on the contract) Legally there is nothing you can do if he wont return your deposit, due to the fact that taking him to court over it would not be worth your time or effort and the judge will probably determine that the landlord is intitkled to the deposit due to the fact that he held it for you and could have rented it at an earlier date in which he would have had not missed any income from his rental property...good luck, but the best you can really do is ask nicely and hope for the best..
2007-01-23 06:17:39 · answer #2 · answered by beachnut222000 4 · 0⤊ 0⤋
Yes, you get the deposit back. But...
You signed a lease. That means that you owe the landlord rent. The landlord can keep the deposit to offset any lost rent or costs associated with you ending the lease, such as costs associated with finding new tenants.
You cannot sign a legal document, change your mind, and expect everyone else to act like you didn't sign the document.
2007-01-23 06:17:47 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I don't know about New York, but in Arkansas this happened to my girlfriend (now wife) once. It seems to me that what you are giving a deposit for is two reasons: (1) to hold against damages when you leave or (2) if you decide to not occupy the apartment, this is the price you pay for asking the landlord to take it off the market for a period of time. After all, while they were saving it for person A, they may have missed out on the opportunity to rent it to person B.
2007-01-23 06:11:57 · answer #4 · answered by lmnop 6 · 0⤊ 0⤋
well, did you sign a lease?? if so, then they may be retaining the security deposit b/c breach of lease.
if you never signed the lease, then they should definitely give you back the security deposit.
now, if it was just a deposit, then you probably can't get that back. that was money to hold the apartment and often times you can't get that back if you don't move in, however, if you do move in many landlords will apply that to first month's rent.
this landlord sounds shady.
take care and good luck getting that back. i hope it wasn't in cash.
2007-01-23 06:12:08 · answer #5 · answered by joey322 6 · 0⤊ 0⤋
I think that it depends on if you broke the lease and he couldn't re-rent it right away. If you decided on the day you wanted to move in, that this wasn't the place for you, he needed some time to find someone else then he has the right to keep your deposit, If you gave him ample notice and replaced you without losing any rent then he should return your deposit.
Read over the contract you signed and make sure that it's not specified in there.
2007-01-23 06:10:55 · answer #6 · answered by Dawn D 2 · 0⤊ 0⤋
Only if you signed a lease with none refundable deposit
2007-01-23 06:07:35 · answer #7 · answered by railway 4 · 2⤊ 0⤋
Unless you signed a contract stating the refund was non refundable then you should get your deposit back.
2007-01-23 06:10:56 · answer #8 · answered by photogrl262000 5 · 0⤊ 0⤋
If you signed anything, look at all the print on that document. If you didn't sign anything, I'd contact a legal professional for their knowledge.
2007-01-23 06:10:20 · answer #9 · answered by Katie N 2 · 0⤊ 0⤋
I would think it must be returned.
2007-01-23 06:06:34 · answer #10 · answered by Anonymous · 0⤊ 0⤋