I live in NYC. I put the initial payment on an room today (around 3-4 pm) because I was expecting to move in by evening, but something happened and I notified the landlord asap (8pm) to cancel. He said he didn't have the time to go back to the apartment today so I have to hold on to the keys until tomorrow or later. The landlord told me that he has to deduct $100 of what I paid for his loss, but it has been barely 5 hours and he still had another room in the same house that's still waiting for a tenant. I think this is so unfair. Can somebody tell me if this is legal ASAP? and if not, please give me reference to the part of the NYC rent law that states this. Thanks!
2007-03-04 15:44:43 · 7 answers · asked by R.S. 2 in Politics & Government ➔ Law & Ethics
I paid the landlord in cash because he said he didn't have a checking account. and on the contract the landlord did state that if the tenant lived there for less than 6 monthes he could keep all of the payment. but i have just been told by someone that it is illegal to rent basements to tenants in NYC and i can call 311 about that. so this should mean that I can get my money back right? anyone have any advices? thanks!
2007-03-05 15:39:44 · update #1
i forgot to say, this place he rented to me is a basement...
2007-03-05 15:42:03 · update #2
You have the apartment for the night, so yes he can deduct $100. You're lucky he's agreeing to refund anything at all. Once you agreed to rent it, you legally bound yourself to pay for it. It's not his fault you've changed your mind.
Bottom line you changed your mind, not the landlord. He doesn't have to give you a dime back unless your lease/contract stated so. Be happy that he's agreeing to only charge you for one night and not the whole month.
2007-03-04 15:56:55 · answer #1 · answered by caffeyw 5 · 2⤊ 1⤋
WHAT DO YOU HAVE IN WRITING? Is there any small text that addresses this? Was this told to you verbally? Was there anyone else wanting that exact room, who would not take it if notified that day or in 24 hours? All this comes into play, however he probably knows that it will cost you more to fight for your money in civil/city courts and therefore that being true you're better off batting the lost$100. However you can cause him a headache possibly by filing a complaint with the better Business Bureau and you might look into seeing if he has the documents on file locally to rent rooms and use the house/building as a rooming house. If he doesn't the Burroughs will likely go after him for unpaid taxes and not filing/listing the house as rental use vs. private 1 family dwelling. Might take some calls and foot work. And if you find he's not operating with in standards you can bring this to his attention before filing a complaint to get your money back. Good Luck I 've had my share of snakes in the grass landlords in big and small cities.
2007-03-04 16:29:42 · answer #2 · answered by wacoastalgirl 3 · 0⤊ 0⤋
The question isn't whether this is "legal" or not, the question is whether the landlord has suffered damages as a result of your termination of the contract. Reading what you have written, I would say he needs to give you your money back.
Did you write a check? If so, go stop payment on it at your bank.
If you paid cash, you will probably lose the $100 because of the time and cost of suing him in small claims court.
Good luck.
2007-03-04 15:50:06 · answer #3 · answered by P W 3 · 0⤊ 0⤋
Unfortunately, he can lay claim to whatever he feels is equal to a nights rent unless you wish to sue him in small claims court. In that case you will be stuck with the costs associated with that and the judge will give him 1/31 of the rent that you have paid for the one night you stayed there. Ultimately this will cost you a lot more then $100.
2007-03-04 16:14:42 · answer #4 · answered by cbrown122 5 · 0⤊ 0⤋
Do you have evidence which you gave the owner the verify? if so, then i could talk on your landlord and allow her understand which you're feeling that's honest to deduct the quit charge cost from the lease. in case you do not have evidence which you gave her the verify, then i'm afraid you're in simple terms going to could desire to pay the cost your self.
2016-10-02 09:53:24 · answer #5 · answered by Anonymous · 0⤊ 0⤋
the landlord is entitled to hold the entire deposit and charge you march and April rent....put in writing.....i agree to pay the landlord 100 dollars for his time and inconvenience.
2007-03-05 01:04:45 · answer #6 · answered by Anonymous · 0⤊ 0⤋
LUCKY..
HE COULD HAVE KEPT IT ALL.
2007-03-04 16:00:33 · answer #7 · answered by cork 7 · 0⤊ 1⤋