Can I back out of a lease if i haven't signed it yet? (apartment, tenants)
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I live in Vermont. I'm renting in Brooklyn. The lease started but I will not move in until Nov 15. I paid a deposit and first months rent via paypal. I don't want to move into this apartment. I have not signed the lease yet and have only filled out an application.
What are my rights as far as getting my deposit/rent back? backing out of this apartment? Will i end up having to pay for 12 months rent?
If they sent you the contract via email, and you agreed to the contract via email, this can be considered an electronic signature. That coupled with the fact that you sent the rent and deposit money, may be enough to bind you to this contract. If they can convince a court that they have a binding contract, in New York, you would be on the hook for the entire 12 months, if the landlord didn't feel like looking for another tenant.
Call them first thing in the morning and tell them you want out of the deal and see what they say. If it was me, I'd say you don't believe you have a lease because you never signed it. They may just let you out of the contract.
Getting your money back could be a hassle, so I'd also see if I could reverse the PayPal charges. Tell PayPal or your credit card or bank if you used them as a backup funding source for your PayPal payment, that you want to cancel the charge. Hopefully, they'll let you. If they ask, say it was for an apartment you decided not to move into and you never signed a lease.
Here is a website with some links that may be helpful:
But, before you worry, call them up and say you've changed your mind and want your money back. See what they say. If they argue, say you didn't sign the contract, so you are not obligated. See what they say to that.
If you end up needing legal help, you should find help with the link above. Good luck.
You can't be held to a lease you haven't signed. You'll likely lose one month's rent since your deposit took the unit off the market. See what the management company says and, if you're not satisfied with the response, check with legal counsel.
You may loose both amounts...one due to the notice you have to give by law and they can charge you for the time frame of your notice which maybe 15 days for a 30 day notice.
It all depends what you signed and what was listed on the PayPal notice since we out conditions on our PayPal invoices and they may have done the same.
If you only filled out an application, why would you pay a deposit and the first months rent unless they indicated that they would rent to you? It seems that there is more to the story. Have you looked at the apartment in person? Was there any correspondence? Was the "application" filled out online? Did you send anything via email? I'm not familiar with New York real estate law, but oftentimes written contracts can be agreed to without an actual or "wet" signature. You need to review everything you have provided to them to better determine if an actual "contract" may be in place.
But...if you can get PayPal to reverse the charges, do that. Isn't PayPal just billed to your credit card? Check with your credit card company, too.
"10-30-2014, Received from _____ applicant is the sum of $900 as a deposit for apartment rental at ____ at the monthly rent of $850 per month. The applicant will be returned to the period summuning _/_/_ ending _/_/_.
I hereby acknowledge and understand that once the deposit is received the owner will take the apartment off the market pending the owners approval the deposit is non-refundable. I understand that i have 30 days from the time of refusal to collect my deposit or it will constitute as a waiver of my deposit. I understand that if at any point of the process i am not interested in moving into the apartment it will constitute as a waiver of my deposit. I understand that from the time of the approval i have until the next business day to complete the rest of the outstanding balance due to the owner. Otherwise it will constitute as a waiver of my deposit.
I further acknowledge that i have received from the broker/agent a list of all the necessary documents and fees that i need to complete my application. I also understand that failure to submit the outstanding balance due to the owner as well as the application fees by the end of the next business day with the remaining documents within 3 business days will constitute as a waiver of my deposit. I acknowledge that i return deposit days are friday only.
I understand that the apartment requires upon signing: First & deposit ___ First and last months rent and security deposit ___
"
What i understand from this one document i signed is that the deposit is likely not getting back to me. However, the first month rent i provided via paypal should get back to me. Because I never signed a lease, i have never even looked at one yet.
If you only filled out an application, why would you pay a deposit and the first months rent unless they indicated that they would rent to you? It seems that there is more to the story. Have you looked at the apartment in person? Was there any correspondence? Was the "application" filled out online? Did you send anything via email? I'm not familiar with New York real estate law, but oftentimes written contracts can be agreed to without an actual or "wet" signature. You need to review everything you have provided to them to better determine if an actual "contract" may be in place.
But...if you can get PayPal to reverse the charges, do that. Isn't PayPal just billed to your credit card? Check with your credit card company, too.
I never physically viewed the apartment. The landlord's assistant thought i was great fit for two other roommates for a Nov 1st move in. I signed a deposit acknowledgment and they took the apartment off the market, the room became mine. I have not looked at or signed a lease but i paid for one month rent (November). It was said i will sign the lease and obtain my keys when i come to move in middle of the month.
It was said to me in the beginning the deposit is non-refundable unless the roommates don't like me.
--
Signed a deposit agreement.
Provided security deposit and one months rent via paypal.
Did not sign a lease.
If they sent you the contract via email, and you agreed to the contract via email, this can be considered an electronic signature. That coupled with the fact that you sent the rent and deposit money, may be enough to bind you to this contract. If they can convince a court that they have a binding contract, in New York, you would be on the hook for the entire 12 months, if the landlord didn't feel like looking for another tenant.
Call them first thing in the morning and tell them you want out of the deal and see what they say. If it was me, I'd say you don't believe you have a lease because you never signed it. They may just let you out of the contract.
Getting your money back could be a hassle, so I'd also see if I could reverse the PayPal charges. Tell PayPal or your credit card or bank if you used them as a backup funding source for your PayPal payment, that you want to cancel the charge. Hopefully, they'll let you. If they ask, say it was for an apartment you decided not to move into and you never signed a lease.
Here is a website with some links that may be helpful:
But, before you worry, call them up and say you've changed your mind and want your money back. See what they say. If they argue, say you didn't sign the contract, so you are not obligated. See what they say to that.
If you end up needing legal help, you should find help with the link above. Good luck.
Thanks for providing this information. I will look over it.
As for getting in contact with them this morning, i'm afraid of doing so because of the chance of my landlord's assistant saying, you signed a deposit agreement and now you have the whole lease to cover. I'm either forced to move in or ..?
As for getting in contact with them this morning, i'm afraid of doing so because of the chance of my landlord's assistant saying, you signed a deposit agreement and now you have the whole lease to cover. I'm either forced to move in or ..?
If you didn't sign a lease (and I'm sure you would remember if you did) there's not a single iota of a chance that this will occur. Don't dilly dally around - call. Today. The more you delay the more you put out everyone.
if you didn't sign a lease (and i'm sure you would remember if you did) there's not a single iota of a chance that this will occur. Don't dilly dally around - call. Today. The more you delay the more you put out everyone.
this ^^^^^^^^^^
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