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Posted by Angry of Manhattan on February 24, 1997 at 17:41:10:

Recently I was stupid enough to sign the lease and hand over a check
for the first month's rent and security deposit for an apartment on
application. Due to some credit problems approval was not given for over
two weeks and I was not finally notified that I had been approved. When I
called to withdraw the application, they said that I had been approved
and, because I'd signed the lease, was trying to break it.
I have not taken possession of the keys or the
apartment and wasn't given a copy of the lease signed by the landlord.
Furthermore, the lease was dated the first of the month in which I was
applying, so that I would have been entitled to a refund of a significant
portion of that month's rent. The management company say that they
consider me a tenant from the date on the lease and am not entitled to
any refund.My Questions are:

Am I entitled to a refund of the total amount?
Am I liable for the rent for the rest of the lease?
Am I responsible for finding a replacement tenant for the apartment?
Is the landlord/managing company's application procedure legal?

Follow Ups:

• Re: Status of lease without having taken possession of apt TenantNet 3/01/97 (0)

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Comments:
: Recently I was stupid enough to sign the lease and hand over a check
: for the first month's rent and security deposit for an apartment on
: application. Due to some credit problems approval was not given for over
: two weeks and I was not finally notified that I had been approved. When I
: called to withdraw the application, they said that I had been approved
: and, because I'd signed the lease, was trying to break it.
: I have not taken possession of the keys or the
: apartment and wasn't given a copy of the lease signed by the landlord. 
: Furthermore, the lease was dated the first of the month in which I was
: applying, so that I would have been entitled to a refund of a significant
: portion of that month's rent. The management company say that they 
: consider me a tenant from the date on the lease and am not entitled to
: any refund.My Questions are:

: Am I entitled to a refund of the total amount?
: Am I liable for the rent for the rest of the lease?
: Am I responsible for finding a replacement tenant for the apartment?
: Is the landlord/managing company's application procedure legal?


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