Legal Question in Real Estate Law in New York

Security deposit return when the apartment is not taken

I agreed to rent an apartment; the landlord requested two months security, which I gave her in full on August 23. We had been speaking, at that point, for about one week. On August 24, I found out that I would not be able to take a job I had been counting on to pay my rent; I called her immediately and told her I would not be able to rent the apartment. She said she would only give back one month's security because it was so close to the end of the month and she would lose rent if she didn't rent the apartment by Sept. 1. She says she had been holding the apartment for us, the first month's rent was our responsibility. HOWEVER, we had NOT SIGNED THE LEASE YET! What are my rights? Can she keep the money?


Asked on 8/28/00, 1:38 pm

1 Answer from Attorneys
Philip Schnabel Schnabel Law Office

Re: Security deposit return when the apartment is not taken

You are entitled to the return of the full 2 months deposit since your first month's rent would have been due on the 1st of September. Even though you did not yet sign a lease, you did make an oral agreement to rent the premises, but immediately revoked the agreement prior to occupying same. If the landlord refuses to return the full amount, your next step would be to file a small claims action.

Read more
Answered on 10/06/00, 6:52 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in New York