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Old 08-04-2009, 12:11 AM
 
6 posts, read 10,180 times
Reputation: 11

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hi everybody.
this is the situation:
3 days before the end of the month a guy comes visit the bedroom i offered.
loved it and gave me the deposit. I took the ad off. i hold the bedroom for him against 4 more people.
2 days later he's found another place with a friend.
too late for me to find someone else:
everybody moves in the beginning of the month
i posted the ad again. everybody is looking to move next month
can i keep the deposit [the deposit sum is a months rent].
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Old 08-04-2009, 06:13 AM
 
Location: 39 20' 59"N / 75 30' 53"W
16,077 posts, read 28,555,340 times
Reputation: 18189
Do you still have the names and telephone numbers for the other prospects? I'd call them.

2 days and you'd like to keep his deposit? What is the amount of the
deposit?

Edit
Just saw equal to one months rent, give them their money.
Like I said its only been 2dys.

Last edited by virgode; 08-04-2009 at 06:26 AM.. Reason: typo
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Old 08-04-2009, 07:17 AM
 
6 posts, read 10,180 times
Reputation: 11
yes, it's only been 2 days but right by the end of the month, when everybody moves, at least here in NYC. I hold the room for him, and now, the last day of the month he doesn't want it, and am I supposed to lose a month rent? I am asking this here because in my opinion, if you go to a restaurant and order a meal, you pay for that meal, either you eat it or not.

Just wonder what the legal thing is.
thank you so much everybody.
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Old 08-04-2009, 07:20 AM
 
6 posts, read 10,180 times
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Oh, and yes, I called the people that were interested and they had already found another place.
I insist: in NYC people start looking for housing 4 days before the end of the month. Once the month starts, the search is for the following month.
thank you
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Old 08-04-2009, 07:31 AM
 
4,231 posts, read 15,423,079 times
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Don't they have 3 business days to change their mind - ? I think it works that way w/ a purchase in NY, not sure about a rental though.
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Old 08-04-2009, 08:50 AM
 
6 posts, read 10,180 times
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Where did you get that from?
again, i would not mind to give 3 days to rethink about it, but not when it is 3 days prior to the moving date. i would not have hold the room for him, right?
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Old 08-04-2009, 10:05 AM
 
Location: Up in the air
19,112 posts, read 30,626,028 times
Reputation: 16395
Did he sign a lease/rental agreement?? If not, you'll probably have to give him his money back.

If he did sign something, then he should have to pay, and give his 30 days notice.

Alway have signatures before accepting money.
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Old 08-04-2009, 11:40 AM
 
7,636 posts, read 8,707,635 times
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Related but different scenario: Someone pays 1 mth rent as deposit, and 1st mth rent. Aftering moving in, found there's no ready phone jack--contrary to what he had been told--so he moves out after 3 days (found other place with phone jack). Deposit should or should not be returned? (There's no written lease and no written record/proof that he was told there was phone jack, contrary to truth.)
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Old 08-04-2009, 02:18 PM
 
4,399 posts, read 10,670,273 times
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Quote:
Originally Posted by ssww View Post
Related but different scenario: Someone pays 1 mth rent as deposit, and 1st mth rent. Aftering moving in, found there's no ready phone jack--contrary to what he had been told--so he moves out after 3 days (found other place with phone jack). Deposit should or should not be returned? (There's no written lease and no written record/proof that he was told there was phone jack, contrary to truth.)
Well if its month to month you should get your deposit back assuming you didn't damage the apartment, and you gave notice(in writing) of you vacating. It might be hard to get the first months rent back, if you can't prove you were promised a phone jack since not having a phone jack wouldn't qualifiy as making a apartment not habitable.
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Old 08-05-2009, 07:40 AM
 
6 posts, read 10,180 times
Reputation: 11
Well, I told him i needed a deposit to stop offering the room. he came back the next morning at 8am with a cashier check for half of the deposit, which is what i am retaining so far.
i don't know why i am the one to lose money in this deal.
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