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where are you reading? Because at the top of the document i provided reads, "Security Deposit" and has no word of 'holding' anywhere in the document.
I have e-mails that document the timeline of what I would be submitting, which is a one-time security deposit and first months rent, no other deposits.
You didn't include that the document was headed, "security deposit" but even if that's the case I'm not so sure that makes a lot of difference where intent is concerned as it does seem clear that it's a holding deposit, and particularly since (as noted) mention of further monies due upon lease signing includes the security deposit.
""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."
As I read it, all the language relates to a holding deposit, not a security deposit.
Foolish to begin with? Yes. But, no regrets, all of this trouble is allowing me to learn and take away from something i will very much have to deal with for a long time.
Well, at least you have a good attitude about it. Sometimes life's lessons are expensive.
It's been almost a month that i've remained patient for my landlord and assistant to get back to me regarding my rightfully owed rent and security deposit $1700 total. I'm doing the best to negotiate with my landlord who isn't very attentive, but has said if he pursues his owner to allow me my $850 back through paypal, he's requesting i will sign some sort of release or put something in writing saying i won't proceed any legal action.
However, I'm not okay with that, because right now, all i have is his word. AND, the few real estate agents, rent guidelines board, attorney general's office seem to believe that I deserve both my deposit and first month's rent back in this situation, no problem, and that the landlord is being shady with hoarding all of my money.
I certainly understand the inconvenience i may have caused, but I made the decision two days after paying first months rent, that i wanted to back out. The landlord's assistant told me she found a tenant on the 6th, yet the landlord claims I put him and the owner 15 days back. Then theoretically, if this argument were true, I would be alright with sacrificing $425 in damages for that half month. Fine. But not $850. I can't even believe my rent hasn't been returned to me yet, this is bogus.
I've been doing my own research for over two weeks now and i'm finding it more and more difficult to find anything regarding my situation. I never signed a lease, so technically i'm not a tenant, but instead dealing with a civil matter.
Here are a few things I'm hoping to get clarification on:
Security Deposit can be withheld for:
Damages beyond normal wear and tear
Reimbursement for unpaid rent
Electronic Rent Payments: A landlord shall not require a lessee or tenant to use an electronic billing and/or payment system as the only method for the payment of rent. (N.Y. RPL §§ 235-g)
Copy of the Lease: In NYC, The landlord shall provide the tenant with a copy of any written rental agreement within 30 days of ratification. (source)
This is really the extent of what i'm finding that may apply to my situation. I was told paypal was the only method (because i was at a distance) otherwise i wouldn't get the apartment. I asked for a copy of the lease prior to paying rent but was refused and told i would get a copy and sign when i come to move in.
I wan't to know my rights, this gray area is really annoying and the attorney general's office hasn't been too helpful. Some of these customer service agents and their attitudes when i ask a question over the phone. I was told numerous times to use this particular form to file a complaint, and after leaving a voicemail for an agent regarding filling out the form a day ago, she called me back to tell me i was using the wrong form. Goddamn.
Funny enough, an NY attorney doubled as a real estate agent wrote me regarding my craigslist ad looking for room/shares in Brooklyn. I presented my situation to him and he wants to call him/write him to scare him a bit about giving all of my security deposit + rent back. He thinks i was misled, which I believe so at the start, but agree that I was informed of the real address beyond a tricky craigslist posting. He thinks thats an unusually high security deposit to be equal to the rent amount. He also thinks if i'm not entitled to all of the security deposit that I should get my rent and some of the security back.
My landlord's argument is that I cost them 15 days of rent, tenants were supposed to be moved in on the 3rd (but lease signed for the 1st), I backed out on the 4th. He wants to end this 'open ended conversation' by having me agree in writing to not pursue legal action if he provides me my rent back.
I'm stuck in limbo. Should i end this now and agree to accept $850 in rent back today and not pursue any legal action regarding my deposit. Or should I have the attorney contact him, file a complaint form from the attorney generals office in NY and take that risk? :/
Funny enough, an NY attorney doubled as a real estate agent wrote me regarding my craigslist ad looking for room/shares in Brooklyn. I presented my situation to him and he wants to call him/write him to scare him a bit about giving all of my security deposit + rent back. He thinks i was misled, which I believe so at the start, but agree that I was informed of the real address beyond a tricky craigslist posting. He thinks thats an unusually high security deposit to be equal to the rent amount. He also thinks if i'm not entitled to all of the security deposit that I should get my rent and some of the security back.
My landlord's argument is that I cost them 15 days of rent, tenants were supposed to be moved in on the 3rd (but lease signed for the 1st), I backed out on the 4th. He wants to end this 'open ended conversation' by having me agree in writing to not pursue legal action if he provides me my rent back.
I'm stuck in limbo. Should i end this now and agree to accept $850 in rent back today and not pursue any legal action regarding my deposit. Or should I have the attorney contact him, file a complaint form from the attorney generals office in NY and take that risk? :/
I am no expert. But it seems to me he wants you to settle out of court because he knows he will lose in court. I would not take his offer.
1. I presented my situation to him and he wants to call him/write him to scare him a bit about giving all of my security deposit + rent back.
2. ... Should i end this now and agree to accept $850 in rent back today and not pursue any legal action regarding my deposit. Or should I have the attorney contact him, file a complaint form from the attorney generals office in NY and take that risk? :/
1. Writing a letter is a good idea (provided he's not going to charge you thousands!).
2. First things first. Letter first, further decision following response to that.
Quote:
Originally Posted by azurabug
I am no expert. But it seems to me he wants you to settle out of court because he knows he will lose in court. I would not take his offer.
Not necessarily. There's no clarity at this point who's in the right and most people prefer to settle out of court even if they take a loss as the time and expense involved in even Small Claims court can be stifling. In most small claims courts the parties are taken off to the side with a court mediator to try and settle before the case is heard. Many cases are settled right there outside the courtroom.
If an attorney is willing to write a letter on your behalf (pro bono, I hope), include in it your suggested resolution as to what you feel is fair. If you can think of an amount you'd be satisfied with, and the attorney agrees, make that your counter-offer and take it from there.
I wanted to wait for the attorney to give him a call/write a letter, but i was afraid that doing so would make this slumlord decide to keep all of my money and that I would have to get involved with a longer larger process of getting my money back.
They clearly just started this real estate business in October and are not making money and think they can take advantage of me.
I decided to draw an end to this and wrote the document the slumlord requested and just received my rent money back.
Because i agreed to not pursue legal action beyond receiving my rent, does this mean I cannot even file a complaint with the attorney general of NY? What kind of trouble would I get in for continuing to delve in this unresolved situation?
Such a bull**** position i was put in/put myself in. If i never signed a damn lease my rent should have been returned no questions asked, not on grounds that I wouldn't pursue my security deposit. I think THAT should be illegal in itself to request someone to say, "you're not getting your rent back unless you agree to not pursue legal action regarding your security deposit."
I decided to draw an end to this and wrote the document the slumlord requested and just received my rent money back.
Everything is moot. Everything was explained to you, it was made very clear that you weren't going to get back all the money you paid out, you did what you wanted to do and there's nothing to pursue. Move on and learn from the experience.
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Sometimes life's lessons are expensive.
