Legal Question in Real Estate Law in New York

Pre-Move In Deposit

I gave my landlord a deposit of one month's rent, subsequently singed the lease and sent it to him. Later that week I contacted him to add something to the lease which he initially agreed was permissible (a second pet). Instead os just refusing, he proceeded to become belligerent and rude ending in him hanging up the phone on me repeatedly. At this point I do not feel safe or comfortable placing my family in his property. We will not be moving into his property. He now refuses to give me my deposit. What can I do about this?


Asked on 5/25/03, 4:42 pm

2 Answers from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: Pre-Move In Deposit

Try to sue him for your deposit in small claims' court. If he lives on the premises, his behavior might just render the premises uninhabitable and constitute a material breach of the lease.

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Answered on 5/26/03, 2:58 pm
Seth Kaufman Seth M. Kaufman

Re: Pre-Move In Deposit

The information you supplied leads me to believe that the lease is enforceable and the security deposit will not be returned. Nothing indicates that the landlord breached the lease or has rendered the premises uninhabitable. If you wish to discuss this further, please call me at 212-367-9167 to schedule a free consultation.

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Answered on 5/25/03, 4:57 pm


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