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I signed a lease for an apt to start rent on Aug 1 and paid $700 deposit to a private landlord. However in mid July when I went back to see the apt, I didn't like it, I can't open any of the windows because they're too high for me, I can't open the blinds because again, they're too high up for me, the toilet didn't flush right...it didn't feel right for some reason the second time around, they did fix the toilet though. I told the landlord I changed my mind and we came to the agreement that I could cancel the lease if someone else took the apt. Luckily, someone did and will start renting on Aug 1. I had shown the apt as did the landlord. Now despite the fact that there's no loss to the landlord, he refuses to return my deposit and states that in the application (which I don't have anymore), it states that if tenant is accepted and tenant changes his mind, that deposit is forfeited. Do I have any rights here? This is New York state, thanks.
If the application states no refund on a deposit, then you get no refund. It's in writing and you knew it when you changed your mind. I would suggest looking at an apartment closer for the things important to you. Not being able to reach a window should have been obvious on first inspection and look through. They did fix the problem with the toilet.
It sounds like your lucky, the apartment is rented and you are not being held liable for the rent.
I call it a tough lesson learned...more a costly lesson.
Actually I didn't know about the deposit when I changed my mind because I didn't read the app that carefully, I thought maybe there would be some sort of administrative fee b/c that's what I see on most apps, not the entire deposit, and I've never had this experience before. As for the window, again, I've never not been able to reach a window in an apt, I think that's kind of a strange thing. I was lucky but I don't see why the LL should benefit from my luck. Maybe I don't have a legal leg to stand on, I'm not sure, but I think a reasonable person would return most if not all of the deposit considering the circumstances.
My deposit receipts do state that no amount would be returned for any reason other than the tenancy being declined by me but if there was no loss to me I have to admit I would return it less any expenses such as extra advertising.
Do note, though, I wouldn't have to.
Depending on where you are and since some small claims court judges decide only on the fairness of a matter, you might consider filing a claim.
Your LL is absolutely within his rights. He agreed that you could get out of the LEASE, not the deposit. You were very lucky to have been able to get out of the lease. The LL incurred expenses after you decided you didn't want to move in, having to show the place again to prospective tenants, etc.
Consider yourself lucky and be more careful next time before you make a deposit on a rental property. Cheers!
Actually I didn't know about the deposit when I changed my mind because I didn't read the app that carefully, I thought maybe there would be some sort of administrative fee b/c that's what I see on most apps, not the entire deposit, and I've never had this experience before. As for the window, again, I've never not been able to reach a window in an apt, I think that's kind of a strange thing. I was lucky but I don't see why the LL should benefit from my luck. Maybe I don't have a legal leg to stand on, I'm not sure, but I think a reasonable person would return most if not all of the deposit considering the circumstances.
I think a reasonable person would READ a legally binding document before signing and turning over $700. Oh, they would also KEEP a copy of the lease.
Sorry you lost the money, it seems an expensive lesson but some folks learn the hard way.
My deposit receipts do state that no amount would be returned for any reason other than the tenancy being declined by me but if there was no loss to me I have to admit I would return it less any expenses such as extra advertising.
Do note, though, I wouldn't have to.
Depending on where you are and since some small claims court judges decide only on the fairness of a matter, you might consider filing a claim.
Of course I would like to try to come to an agreement with this LL. He spent NO extra money in ads b/c his current ad was still out.
Your LL is absolutely within his rights. He agreed that you could get out of the LEASE, not the deposit. You were very lucky to have been able to get out of the lease. The LL incurred expenses after you decided you didn't want to move in, having to show the place again to prospective tenants, etc.
Consider yourself lucky and be more careful next time before you make a deposit on a rental property. Cheers!
He spent less than 3 days showing the apt b/c the new tenant agreed to take it that quickly. When he rented to me, he spent less than 2 days showing the apt b/c I called him the day his ad came out and I took the apt the next day, so he spent perhaps all of 5 days total looking for a tenant and I am the one who found the tenant and spent time showing the place as well. What expenses do you think LL incurred? $700 worth? Like I said, I was willing to give him an "administrative" fee, $100 or so? but I think $700 is excessive. I will definitely be more careful and thorough next time but I've NEVER had a problem like this before, never had any issues with LL before.
I think a reasonable person would READ a legally binding document before signing and turning over $700. Oh, they would also KEEP a copy of the lease.
Sorry you lost the money, it seems an expensive lesson but some folks learn the hard way.
Well, I thought I was going to take the apt when I applied and so of course I sent my deposit in. I kept a copy of my lease, just not my application. I think the LL is just being a greedy pig and hopefully, he'll have bad karma. I may not get it back but I'm going to try because I think I have extenuating circumstances. I do know I'll never deal with private LL again if I can help it.
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thanks
