Legal Question in Real Estate Law in New York

I recently gave a landlord one months rent to hold an apt. but later decided I did not want it. I told them that I changed my mind but they had already cashed the check and did not want to give me the money back since they were inconvenienced. I did not sign a lease with them so I don\'t feel that they are LEGALLY entitled to this money and I want to get it back. \nAm I entitled to my money back and what is the best way to handle this?\nThank you


Asked on 7/30/09, 11:22 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Your facts are incomplete for more than a general reply. How much time in advance of the Lease start date did you give them the check and how quickly did you advise them of your decision? Dates appear to be critical to a response. You could sue in small claims court for the return of your money, but if your delay in notifying them caused them damages in a lost monthly rent, you have an exposure. What receipts or paperwork to you have, as this also may be critical to a claim?

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Answered on 8/04/09, 12:26 pm


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