Legal Question in Real Estate Law in New York

Landlord won't refund deposit given as confirmation of genuine interest in the r

I agreed to rent apartment in the coop blg in Brooklyn on 12/13/00. Blg code requires tenant to be approved by management and then by board of coop members. The owner of apt assured verbally that the whole process would take 7-10 business days, 2 weeks at most. In the worst case I was supposed to move by the 01/07. I submitted extensive amount of documentation (income tax, references, W2 etc ), processing fee of $125 and deposit of $500. Owner made me sign the lease with blank date saying it was required for application processing. I was told I would get a copy of the lease along with the keys. The owner said that although application fee isn�t refundable, deposit is. I haven�t been approved, or even called for interview by coop board of members by 01/15/00 at which point I couldn�t wait longer (I�d been calling landlord frequently since 01/01 expressing disappointment ). On 01/15 I let the owner know that I can�t wait any longer and would like my deposit refunded . Owner refused due to the fact that he ''lost lots of time with me and that I should cover for that time''. I made a counter offer requesting only $350 of the $500 deposit considering that $150 is enough for the trouble, even though the delay wasn�t my fault. He refuses.


Asked on 1/16/01, 4:40 pm

1 Answer from Attorneys
Robert Kaplan Robert Kaplan, P.C.

Re: Landlord won't refund deposit given as confirmation of genuine interest in t

I think you gave the apt. Owner a sufficient time. As long as you provided all documentation reasonably requested by the co-op board, I see no reason for you to incur any penalty. It is unlawful for the owner to retain your security deposit for any purpose other than what was intended. The letter writer has not indicated the County in which he/she lives or where the co-op is located but he/she has a cause of action to bring a lawsuit in Small Claims Court for the return of the monies.

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Answered on 2/12/01, 6:47 pm


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