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TenantNet Forum Archives 1996-2002
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Can a real estate company keep monies if you backout of an executed lease

Posted by Elise Miller on June 08, 1996 at 18:12:27:

On May 11, 1996 I signed a lease with an upper eastside property with a move-in date of 7/15/96 (the apartment is occupied presently).
The property agent took first month's rent and security deposit at that time ($3,114).
On May 21, 1996 I received an executed lease.
On May 31, 1996 (1 week after I was illegally fired from my job) I asked the agent of the property if I could backout of the apartment due to the job loss. I did not feel comfortable with that rent at this time. I received no answer.
On June 1, 1996 called the property again and asked the same question, the manager said I lossed the money and that they would rent the apartment. I said that was unacceptable. The manager said that she would ask higher management and get back to me.
On June 3, 1996 I called the corporate office and district office of the property, both lead me to the agent of the property, the person I spoke to before.
I had to leave a message that just referenced my May 31 request.
The agent left me a message saying that they would market the apartment and then calculate the damages if there was anything left that portion would be returned to me.

I left a general inquiry with the New York Real Estate Board on internet.
I faxed a specific inquiry with the Better Business Bureau.

Do I have a right to get my money back? If so are there any other steps that I must take.

I have not put my request in right to the property as I will have no choice to move in on July 15, 1996 if they refuse to return the money.

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