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It's unfortunate that you lost your deposit, and perhaps the landlord will see fit to return some of it, but I have to agree with others and it sounds as if this is an expensive lesson learned about always reading what you are signing. Always. No matter how long or boring. And keeping a copy or duplicate for yourself. Even 14 page car lease agreements should be read. You're responsible once you sign. As for his time and what it's worth, well, it took 150% more time to fill the second time than the first (3 days after the initial 2) and he may place value on his time. There may be credit and other reference checks that were made too... Hopefully he'll meet you partway, anyway.
Just because something is in the lease does not make it legal. You made a huge mistake by not reading your lease and checking out the apartment better. But I don't think I would give up the deposit without checking into the laws of your state first. Your landlord didn't lose any rent as he has re-rented it for the same time frame. I could understand if he had to replace an ad or something which you would be responsible to pay. I don't think you should come out of this without paying something, but to keep the full amount seems sleezy. Check out your laws. You would probably end up in small claims court. A judge may or may not agree.
I'm a private LL. I've returned deposits for people when I do not have to. It's says in the application, " no refund on deposits". If your LL does not return the deposit, the LL is within his rights to do so.
I've returned them when circumstances are such that I think it is fair. Depending on time frames, reasons for not taking the apartment or house, and time of notice. Please do not bad mouth all private LL because you did not read your application.
If you think private LLs are bad, do you think you would have more satisfction or definite return of the deposit from a large corporation? NOT!!!
Not being able to reach a window is not a good reason to cancel a lease. It should have been obvious from the get go.
You signed a legally binding document without reading it, did not keep a copy, and now you do not want to take responsiblity for your actions.
The LL had expenses and may have turned away numerous potential clients.
Deal with it!
It's unfortunate that you lost your deposit, and perhaps the landlord will see fit to return some of it, but I have to agree with others and it sounds as if this is an expensive lesson learned about always reading what you are signing. Always. No matter how long or boring. And keeping a copy or duplicate for yourself. Even 14 page car lease agreements should be read. You're responsible once you sign. As for his time and what it's worth, well, it took 150% more time to fill the second time than the first (3 days after the initial 2) and he may place value on his time. There may be credit and other reference checks that were made too... Hopefully he'll meet you partway, anyway.
My feeling is, even if I had been more careful and read the statement, it's more about simple human decency and how you want to live your life. If you want to be an a-hole and take advantage of people and all in all be someone who others wish ill on or you want to be fair with others and be somewhat decent and not be a money grubbing greedy pig. For less than 3 days of showing a place, he deserves $700? He didn't check my credit and didn't call my references cause my references let me know if anyone called them. When I called him, he hung up on me.
Just because something is in the lease does not make it legal. You made a huge mistake by not reading your lease and checking out the apartment better. But I don't think I would give up the deposit without checking into the laws of your state first. Your landlord didn't lose any rent as he has re-rented it for the same time frame. I could understand if he had to replace an ad or something which you would be responsible to pay. I don't think you should come out of this without paying something, but to keep the full amount seems sleezy. Check out your laws. You would probably end up in small claims court. A judge may or may not agree.
thank you, I figure it's worth fighting for $700. If it was $100 or so, I would let it go.
I'm a private LL. I've returned deposits for people when I do not have to. It's says in the application, " no refund on deposits". If your LL does not return the deposit, the LL is within his rights to do so.
I've returned them when circumstances are such that I think it is fair. Depending on time frames, reasons for not taking the apartment or house, and time of notice. Please do not bad mouth all private LL because you did not read your application.
If you think private LLs are bad, do you think you would have more satisfction or definite return of the deposit from a large corporation? NOT!!!
Not being able to reach a window is not a good reason to cancel a lease. It should have been obvious from the get go.
You signed a legally binding document without reading it, did not keep a copy, and now you do not want to take responsiblity for your actions.
The LL had expenses and may have turned away numerous potential clients.
Deal with it!
What expenses do you think LL incurred? He lost no rent, he lost no money. If you read my post and see the timeframe, why don't you think my circumstances show that I deserve most if not all of my deposit back? Obviously we have a different point of view. I can tell you I have rented several times now, over 5 times, cause I've had to move around a bit and I've never encountered such intransigence from a LL. All the other times I have rented from non-private LL and I have had NO problems. One time I even got interest on my deposit and of course my entire deposit back. Even Judge Judy said on her show that a non-refundable deposit could be returned if a place is rented to someone else for the same period of time. She was talking about a wedding venue, not an apt, but why wouldn't it be applicable? I don't know, maybe I will end up screwed but I'm still going to try to get my money back.
It's says in the application, " no refund on deposits". If your LL does not return the deposit, the LL is within his rights to do so.
This is true only if it is legal in that state to do so. No judge would uphold an illegal action by a landlord if it is against the law, even if it was in the application.
ddonna123 - I am not familiar with the New York tenant laws, so please look into this. I'm a private landlord, I wouldn't have been happy about all this, but I would have returned most of your security deposit to you.
Despite the certain proclamations from others here to the contrary, putting something in writing does not by itself make it enforceable. It's a fundamental tenant of contract law that unreasonable clauses will not be enforced. Depending on how that tenant is interpreted in your state's courts, you may very well have a solid claim in small-claims court.
This is true only if it is legal in that state to do so. No judge would uphold an illegal action by a landlord if it is against the law, even if it was in the application.
ddonna123 - I am not familiar with the New York tenant laws, so please look into this. I'm a private landlord, I wouldn't have been happy about all this, but I would have returned most of your security deposit to you.
Exactly!! The verbiage in the lease isn't worth a hill of beans if not in compliance with the state laws it was written in
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As for his time and what it's worth, well, it took 150% more time to fill the second time than the first (3 days after the initial 2) and he may place value on his time. There may be credit and other reference checks that were made too... Hopefully he'll meet you partway, anyway.
