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Hold executed lease requested backout of apartment

Posted by Elise Miller on June 08, 1996 at 17:54:23:

In a panic on a 30-day vacate notice, I signed a prime lease for an apartment on the upper east side. They took first month's rent and security ($3,114).

Meanwhile I lost my job. I requested a backout and was told that since the lease was executed and I held it that they would lease the apartment and I am out of the money.
That it was the building's policy. I said that was unacceptable.

The lease was signed May 11, I called May 31 and the move-in date on the apartment is tentatively July 15, 1996 with the landlord having the right to change the date to a later date (the apartment is occupied right now).

I have called the corporate office, district office all lead back to the building agent. The building agent said the apartment would be marketed and then the damages would be calculated and if there was any money left over it would be returned.

I have sent a general letter of inquiry to the New York State Real Estate Board.
I have sent a specific letter by Fax to the Better Business Bureau.
I have sent a dispute of credit (the first month's rent was on Visa) to Visa.

Do I have the right to get my money back. I have not put anything in writing to the building.
I feel to do so would jeopardize my right to move in to the apartment if my money is not returned to me. I really don't fill comfortable moving into an apartment with high rent without a job.

Thank you for any help on this.

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