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Posted by Mark Smith on April 15, 1999 at 14:01:39:

In Reply to: Re: Landlord cashed check, no apt! posted by Will on April 09, 1999 at 15:56:26:

Will wrote, "... most leases say that if you don't move in with 30 days the leases [sic] is terminated but your deposit is lost ..."

As poorly worded as this is, it is completely wrong. First, I think most landlords would be happy if tenants never moved in, as long as they paid the rent.

Second, if the landlord can't deliver possession, the Real Estate Board of New York's form lease for rent stabilized apartments provides a 30-day delay. After that, the tenant can make a written demand for possession, and if possession isn't delivered within 15 days, the tenant can cancel the lease and get his/her money back. Most leases, even office, store, and other commercial leases, contain similar clauses. Otherwise, landlords would just sign leases, not deliver possession, and keep the prepaid rent and the security deposit.

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: Collect all the proof of your current residency. This guy sounds like major fraud contact the State Attorney Generals pronto. Did you sign a lease? if so the apartment should have been vacant and it was he responsibility to do it...most leases say that if you don't move in with 30 days the leases is terminated but your deposit is lost....again this sounds bad..contact the attorney general and report this guy.

: Will

: : During the end of Jan 99 I gave H.Jalisi (landlord) monies for first month's rent (700) and application fee (30) for apt 7I. He cashed the checks. The apartment was resided in by a tenant with no intention on moving and by the end of March I asked for my money back. He refused, saying that it was a security deposit and that now I owe him for 1 year's rent on the apartment because it is now vacant (4/4). What are my rights?

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: 
: Will wrote, "... most leases say that if you don't move in with 30 days the leases [sic] is terminated but your deposit is lost ..."   

: As poorly worded as this is, it is completely wrong.  First, I think most landlords would be happy if tenants never moved in, as long as they paid the rent.  

: Second, if the landlord can't deliver possession, the Real Estate Board of New York's form lease for rent stabilized apartments provides a 30-day delay.  After that, the tenant can make a written demand for possession, and if possession isn't delivered within 15 days, the tenant can cancel the lease and get his/her money back.  Most leases, even office, store, and other commercial leases, contain similar clauses. Otherwise, landlords would just sign leases, not deliver possession, and keep the prepaid rent and the security deposit.

: =============================================

: : Collect all the proof of your current residency.  This guy sounds like major fraud contact the State Attorney Generals pronto.  Did you sign a lease?  if so the apartment should have been vacant and it was he responsibility to do it...most leases say that if you don't move in with 30 days the leases is terminated but your deposit is lost....again this sounds bad..contact the attorney general and report this guy.

: 
: : Will  


: : : During the end of Jan 99 I gave H.Jalisi (landlord) monies for first month's rent (700) and application fee (30) for apt 7I. He cashed the checks. The apartment was resided in by a tenant with no intention on moving and by the end of March I asked for my money back. He refused, saying that it was a security deposit and that now I owe him for 1 year's rent on the apartment because it is now vacant (4/4). What are my rights?


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