Posted by courtwatcher on May 22, 2001 at 13:14:39:
In Reply to: landlord backs out after signing prerental agreement and paying security deposit posted by pumacat on May 22, 2001 at 11:13:51:
If the contract is binding then chances are you could eventually gain possession of the unit. Unless the pre-rental agreement has an "out clause". If so, did the LL comply with it?
To get possession first you would probably have to go through a lot of legal hoops (i.e.: file an action in civil / housing court and play that out until you get either a settlement or a judgment). That could take months and means attorney ($$), your time (more $$) and lots of grief.
Unless the LL just caves in and gives you possession (doesn't sound likely).
You might want to view this as you being better off for (1) getting your money back and (2) getting out of a situation where the LL has shown himself to be someone who wouldn't be playing by the rules.
Plus: who knows what else you might have had in store as a tenant with this -- as you put it -- ass. Granted it's not correct and most likely you're out of a place to live -- for now. But it sounds like you really are better off.
Unless, of course, you relish the fight. If that's the case: get a good LL/Tenant attorney and go for it.
: I need some help!
: I recently "rented" an apartment in upstate NY and I was supposed to move in on June 1. Prior to signing a lease, the landlord requests a reference check and a pre-rental agreement where he collects your security deposit. However, he never produced a lease despite my requests! Finally, I told him that I would not be willing to move into the apt until I had signed the lease and that I wanted to see the lease and review it ASAP. Also, I informed him that the 3 MONTHS RENT he requested as a security deposit needed to be placed into an interest-bearing account. Twenty-four hours later, I got an email from this ass saying that he was not renting the apt to me after all and returning my security deposit! Can he do this? I signed a prerental agreement that I perceive as binding! What are my rights?
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