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I got a job in New York and have recently found an apartment using a broker. I put a security deposit down on the apartment which I am aware is unrefundable and I have also paid off the broker's fee. I have NOT paid the first and last month's rent NOR have I signed a lease. I have returned back home and the lease is supposed to be faxed to me next week. The job I had set up has fallen through unexpectedly and I can no longer afford the place. Can I get a refund for my broker's fee? I have not talked to the brokers yet, I am afraid that they will lie to me since I have no proof that I must get a refund. Again, I have NOT signed any lease yet. If anyone has any information on how brokers work or advice they can give me, I would really appreciate it. Thank you!
From what I understand in NY, if you are not going to take the apt your brokers fee is supposed to be returned to you minus a $15 administrative fee.
Did you get any receipts for the brokers fee?
usually you give the security deposit and first months rent upon signing the lease. i have never heard of giving a security deposit without signing a lease. is this an oral lease? Did you get receipts for the security deposit?
you may have to contact the atty general's office or the housing board that governs the apartment to know your rights
Yuck -- I don't envy your situation. I keep hearing that Tenant.net is THE source for tenants' rights information in NYC, so I'll suggest that you check it out.
It makes sense that I should be able to get the broker's fee back regardless of "how much of their time I wasted," which I'm sure is something they'll feed me. I DO have a receipt for the brokers fee, it was a certified check. I have NOT paid the security deposit nor the first month's rent. All I've paid is the broker's fee. They're supposed to fax the lease to me and then I would wire them the remainder of what I owe. Any more thoughts? Thank you.
Quote:
Originally Posted by rlrl
From what I understand in NY, if you are not going to take the apt your brokers fee is supposed to be returned to you minus a $15 administrative fee.
Did you get any receipts for the brokers fee?
usually you give the security deposit and first months rent upon signing the lease. i have never heard of giving a security deposit without signing a lease. is this an oral lease? Did you get receipts for the security deposit?
you may have to contact the atty general's office or the housing board that governs the apartment to know your rights
I'm a nyc agent, and my agency NEVER gets paid until the ink on the lease is dry. The only thing we charge upfront is $75 application fee (once the apt is chosen) pp for credit check and processing, and that is non-refundable but can be used over and over if the application gets denied. That is very reasonable. You are dealing with a shady broker.
I believe that its illegal to charge you a brokers fee before lease signing. Good luck, I'm in a similar situation so I feel your pain.
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got an apt and lost a job...
