Legal Question in Landlord & Tenant Law in New York

Cancellation of a lease

I was wondering how to cancel a contract to lease my house to a gentleman who gave me part of a security deposit (in cash) and lied to me with regard to his SS Number (which I advised I needed to run a credit check). I am uncomfortable with his lie and wish to return the security deposit and tell him that he cannot rent my place anymore. Is this permissible under NY law or are there additional things I need to consider when cancelling the signed lease. He has not yet taken possession of the rental property yet. Thank you.


Asked on 2/03/04, 9:59 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: Cancellation of a lease

You'll have a better chance of a court finding in your favor by cancelling now then if you allow him to take possession and then attempt t ocancel. It can be argued that there was an understanding that the lease was predicated on your running a credit check and your attempt to do so was frustrated it by his lie.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 2/04/04, 9:14 am


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