Re: New York State: 3-day 'cooling off' period for apt leases? (REVISED)


"Rich Weed" <weed_richard@xxxxxxxxxxxxxxxxx> wrote in message
news:Xns982B7ABC2B028weedrichardNOhotmSPA@xxxxxxxxxxxxxx
"richard" <don@xxxxxxxx> wrote in news:ecpaer02ptj@xxxxxxxxxxxxxxxxx:


"Nobody" <nobody@xxxxxxxxxxx> wrote in message
news:Xns982ADF0293221IDTOKENnobodyIDTOKEN@xxxxxxxxxxxxxx
One place I was looking at said NY state law said I could get my
deposit back within three (business) days. In fact, their
application does have that statement, but is this really NY state
law? Can anyone note the actually section so I can verify it?
Thanks much!

Edit:
Let me clarify something...I have not signed a lease and the
application I filled out does not have the 3-day statement mentioned
above as it's a different apartment complex.

I filled out this application:
http://www.dawnhomes.com/application.pdf

I gave them a $40 check for application fee and a $645 check for
security deposit. Since I was approved, per the form, I lose my
security deposit if
I walk away.

What's my maximum exposure if I put a stop on the $645 check? Just
$645 in
small claims court?


What contract did you sign? If you have not yet signed a contract for
the term, then there is no legal way they can retain the security
deposit. Application fee is their's.
You can put a stop on the check, and if they're real scoundrels, they
will take you to court. In which case, a sympathetic judge might side
with you as you have no contract.

As I understand it, a landlord cannot take a security deposit before
any contract is signed.




Did you read the PDF link I put there...doesn't that constitute a
contract?


Can you understand the difference between "application" and "contract"?
You fill out the application first. If and when accepted, then you sign a
legal binding contract.
Same thing you do as you apply for a job. The application is not a contract.
The contract takes effect when you become an employee.


.

Relevant Pages