Legal Question in Credit and Debt Law in New York

My husband and I had put a 7 hundred dollar deposit on a apt. the landlord said current tenant would be out in a week.She still hasn't left.This has caused us to stay in a motel room spending hundreds a day.We have called him saying we just can't afford this any longer and would like our money back to move elsewhere.He is denying us our money.We have not signed a lease yet.We were going to when current tenant left and also pay him the balance of 300 hundred dollars.However we do have a reciept proving we in fact payed this amount with the date on it and his signature.Does he have the right to keep our money?


Asked on 8/25/10, 11:03 am

1 Answer from Attorneys
Carol Ryder Law Office of Carol Ryder PC

Your odds of winning increase depending on what proof you have to show to a judge. There is no question you gave him $700. A deposit is to be used against the first month's rent for the purpose of the LL taking the apt off the mkt for you, which he has. However, by the old tenant not leaving, that means he has breached his end of the contract. However, unless there is more in writing, it is an oral contract, where it would be a we said/he said. However, the fact you paid a lot for a motel room should weigh heavily with a judge. You can let the LL know (in writing) you will be suing in Sm Claims Ct for not just the $700 but other damages as well. See what happens.

Read more
Answered on 9/05/10, 1:22 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York