Legal Question in Landlord & Tenant Law in New York
Landlord & Tenants
I gave a security deposit to hold an apartment. After looking at the apartment after it was ready, I found under the kitchen sink a board covering rotted out wood and mouse droppings. there was no water pressure. the bath tub was chipping. as I was leaving the renter upstairs warned me not to live there and rent from this man. I have a 3yr old. That was enough for me to say noway! I called the next day. To tell him I don't want it. I did not sign anything. He won't give me deposit back. Can he do that?
1 Answer from Attorneys
Re: Landlord & Tenants
More facts would needed to answer this question accurately. What kind of agreement did you have when you gave the landlord the deposit?
If you have nothing in writing, you should get a copy of the canceled check and take them to court to retrieve your deposit.
If possible, take pictures of the the problems you discovered when inspecting the apartment and ask the other renter to provide a signed statement as to the problems they experienced to strengthen your position. These extra steps are not necessary, but it is always helpful.
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