Legal Question in Landlord & Tenant Law in New York

On Dec. 27th I paid a security deposit of $575 to move into a room in BK. We agreed that I would move in on Dec. 30th and pay rent on the move-in day. The girl who I was sharing the room with lost the key so I was unable to move in. The landlord brought an extra key on the 3rd 0f Jan. We talked on the 4th of Jan and decided that both of our schedules would only allow me to move in on the 13th of Jan. We decided to pro-rate the room. When I arrived on the 13th she informed me that she changed her mind about pro-rating and wanted the full rent. My question is since I never had a key to the place or resided in the apt. do I have grounds to receive my deposit back?? I never signed a lease or roommate agreement.


Asked on 1/13/10, 12:34 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Maybe. You delivered the deposit with the understanding that you would move in on December 30. The agreement was modified with the understanding that you would move in on January 13, with the rent being pro-rated. Since either the landlord breached the agreement - or - there was confusion concerning pro-rating the rent, you may have grounds for the return of the deposit.

Mike.

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Answered on 1/18/10, 2:22 pm


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