Legal Question in Landlord & Tenant Law in New York
Return of deposit on rental apartment without lease
I applied for a rental apartment in Manhattan on September 24 for a November 1 occupancy. The owner's assistant (who was referred by a current tenant)showed me the apartment. I liked the apartment and filled out a lease application. Since the rental market in Manhattan is tight, i also submitted a bank check for 1st/last month's rent to the owner to secure the apartment (at the assistant's suggestion). I felt comfortable doing this because the apt/owner was referred by a current tenant. About two weeks later, I decided to stay in my old apartment (better neighborhood). I called the owner's assistant to let her know that I will not be taking the apartment. I did not sign a lease nor was a lease given to me. I also offered to find a few applicants for the apartment and did refer people to her. She said that she'll return the money. It's been two weeks and I haven't received anything yet (after numerous phone calls). Do I have any legal protection and is there anyone I can contact to file a complaint?
1 Answer from Attorneys
Re: Return of deposit on rental apartment without lease
Yes, you have a right to your money back. Certainly you can make a complaint to HPD but I would send a letter strongly urigng the landlord to send your money back and threatening legal action, if you want an attorney could write the letter for you which would strengthen the impact, but would also cost money, you can probably handle the case, if necessary, in small claims court. Seem like a fairly easy case to win.
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