Legal Question in Real Estate Law in New York

my deposit

I recently went to look at an apartment. When i went to look at the apartment the lady said i needed 1st months rent as my deposit ($550) and I gave her $100 that day. When i gave her the $100 i signed something saying that if i withdraw my app or fail to pay 1st months rent my deposit may be forfeited. So the next day i go to pay the remaining balance and the landlord asks me when did i want to move in and i told him Nov. 1st. I called Oct. 31st to make sure everything was set and the landlord said that i can move in after i gave the other $550. I explained that i understood that i only had to pay a deposit of $550 and he said no i had to pay another $550 before i could move in. I have been calling to see what can be done but he hasn't returned my phone calls so now i have to stay where i am and now i want my deposit back. am i able to get it back?


Asked on 11/06/08, 11:57 pm

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

Re: my deposit

Normally when you rent an apartment you must pay the first months rent and security. That is why the landlord asked for the additional $550, 1 months rent ($550) and security ($550).

The document you signed stated that if you failed to pay your first months rent you forfeit the deposit. Since you failed to pay the rent (only the deposit), you probably forfeited your $100.

Mike.

Read more
Answered on 11/07/08, 8:40 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York