Legal Question in Real Estate Law in New York

I recently moved into, and out of an apartment in new york city. My roommate/landlord sent me this email as a lease..

Caylla Cunningham will move into 30 River Road, apt 9J, New York, NY 10044, on September 1st, 2012.

On August 18th she gave me 1300$ cash as a security deposit and the check for the amount of 2600$ for the first month and last month. Security deposit will be given back on the move out day, if there are no damages in the apartment caused by Caylla. She will stay in the apt until September 1st 2013 with the option to renew. Caylla will pay her rent and her share of the utilities throughout the year on the 1st of every month. She will also maintain the apartment clean or pay for the cleaning lady as and when needed.

I did not pay for my second months rent because I gave my 45 days notice that I was moving out at the end of my second month, and my 1st and last months rent was paid in a $2,600.00 check. The problem now is she refuses to give me back my security saying I have breeched the contract. I have never responded to this email or signed any form of agreement or lease. If I took her to court for my $1,300.00 would I get it back or is this email a sufficient lease that would hold up in court, even though it was not responded to or signed?


Asked on 10/04/12, 2:57 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

The law might find a lease on these facts. "Lease" is not just the document, but the legal relationship. A court might fid a lease based on your possession and payment of rent, but that might not create more than a month-to-month tenancy, in which case you were NOT in breach of the lease. Would be an interesting question to submit to the networks for Judge Judy/Peoples Court/etc.

I'm not kidding. This is the kind of case they want and i have connections into the industry. I think you can reach me through this system, failing which we will find a way to connect. If you want, that is. And it's an interestng case from the perspective of internet law.

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Answered on 10/04/12, 3:18 pm


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