Legal Question in Landlord & Tenant Law in New York

Can I transfer security deposit to landlord's account before meeting him?

I came across an apartment rental ad on the web and contacted the landlord. He said he's working in CO and he will not come back to NY to show me the apartment unless I transfer him the security deposit first. He asked me to transfer the money using MoneyGram. He also sent me an Deposit Agreement by email, which states the following:

I, [my name] of [my address] agree to transfer a fully refundable deposit of $2800 (2 months rent) to [his name] of [his address] for rental of apartment at [apt's address]. If a lease is signed, the deposit of $2800 will be returned to [my name] by [his name] at the

end of the lease term. If no lease is agreed upon, then the deposit of $2800 will be returned to [my name] immediately by [his name].

He also signed the agreement. The agreement is a pdf file which he sent to me by email.

Can I trust him and give him the money? Can it be a scam? By using MoneyGram, he's not able to lie about his name and adress, but I'm not sure whether the agreement is lawful. Thank you very much for your advice!


Asked on 4/18/07, 5:30 pm

1 Answer from Attorneys
Lissa Luke Luke Law Offices PLLC

Re: Can I transfer security deposit to landlord's account before meeting him?

DO NOT WIRE ANY MONEY TO ANYONE THAT YOU HAVE NOT MET OR CANNOT VERIFY WHO THEY ARE. There are numerous scams of this nature floating around the internet. I am not sure where you found the listing, but Craigslist tells you clearly not to wire any money to anyone. The landlord should have a local representative available to conduct his business while he is out of town. If the landlord refuses to show you the apt, then my personal opinion is that you should move on to the next ad.

Lissa Luke.

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Answered on 4/20/07, 5:16 pm


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