Legal Question in Real Estate Law in New York
No rental agreement
Nov 29th 2000 we moved in to an apartment in New York.we paid by check $8001st month, $800 2nd and $800 deposit we were not given a rental agreement to sign,due to certain circumstances we vacated the property on the 12th Dec,notifying the person who was subletting to us.After inspecting the property he told us that he would notify us as to the amount we would recieve.On Dec 29th we contacted him and we were told that we would recieve the deposit only,($800).It is now Jan 24t 2001.Our question is this,do we have a legal right to $1600?Can you advise us to the course of action to take to recover the $800 deposit( or more if possible.(The subletter went to Italy and his father was representing him,we paid the above amount to the father who also inspected the appartment upon our vacation of the premises).
1 Answer from Attorneys
Re: No rental agreement
It sounds to me as if you made a tactical error in surrendering the apartment without your refund in hand. As a New York City Small Claims Arbitrator, I hear many cases like this, but I also represent many people in Small Claims Court as well. I believe that your best bet would be to bring an action in small claims court and have legal representation. You may contact me at 212-208-2470 with any further questions.
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