Legal Question in Real Estate Law in New York

I made a verbal agreement to rent a house in elizaville new york for the month of august for 3200. I gave 1700.00 about 2 weeks ahead of time and my sister brought up a check for 1500.00 the july 31. I decided not to rent. I emailed him july 31st and called him and told him I didn't want to rent all he said was the check was deposited and he would have to talk to his daughter (who is a lawyer) August 3 I called and said I put a stop on the 1500.00 check and could I have the 1700.00 back he said I am going to get a letter from his lawyer you cannot back out one day ahead. and he said I don't want to talk to you, then I tried calling him again and suggested since he has 1700.00 can I have the place for 2 weeks? On the answering machine. He didn't call, what are my rights?

He didn't call me back, what are my rights.


Asked on 8/03/12, 4:20 pm

1 Answer from Attorneys
Philip Katz Fink & Katz, PLLC

If there was no written agreement, you could try and sue for your money back in Small Claims Court. The landlord was foolish not to have something in writing before putting the check in the bank. I think you have a good chance of getting your money back in Small Claims Court.

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Answered on 9/05/12, 7:15 pm


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