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Posted by renee on April 16, 1999 at 13:14:41:

In Reply to: Re: TRY TO POST RELEVANT INFORMATION posted by Mark Smith on April 15, 1999 at 17:24:56:

Thank you, thank you, thank you. What's really scary is that the landlord crossed out the memo that I made on the February check (but it's still legible) and wrote "security deposit." You were correct about the move-in time period - and the fact that NEVER WAS A LEASE SIGNED. I will be calling the court's clerk this afternoon!! Thanks.

: I would see if the Maryland attorney general or another agency could help you. If not, I would sue the landlord in small claims court. Get a photocopy (microfilm, microfiche, etc.) of your February 1999 rent check from your bank. This is better than the original of your cancelled check, because it will show the memo line of the check as it was when it was negotiated by the landlord. Then, the landlord can't say it was really a security deposit for either apartment, and that you wrote in "February 99 rent, Apt 7i" after you got the cancelled check back.

: I assume that you didn't move into the studio in the building until late February, and that you paid March rent for the studio. Was there a signed lease for the studio? I doubt it. If there was no signed lease for the larger apartment, which was not made available until after you moved out of the building, I see no legitimate claim by the landlord for any rent -- let alone one year's rent.

: Find out from the clerk in small claims court if you can get a subpoena for the landlord's records. You would want to see if he collected rent for the larger apartment for February and March 1999. You might also check and copy court records to see if and when the landlord had to evict the tenants of the larger apartment.

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

: : SORRY!! The apartment is in Baltimore, MD, no regulatory status on rent, muti (over 40 unit) complex, no lease signed, no copy of lease provided (I was showned a copy a week b/f moving out, but since the apartment was still occupied he didn't expect me to sign it), ALL payments were made via check, on memo line of the 1st check (700) i wrote " February 99 rent, Apt 7i" , on the 2nd check i wrote "March 99 rent, Apt 9e), receipt was not rec'd for 1st check, receipt was received for 2nd check and stated the same as my memo line. Thanks for your input, I really do I'm finding out I'm not the first person who he's done this to (renting an apt that has a tenant...).

: : : Your original post gave the name of the landlord, the amount of the rent, and the amount of the application fee. But it didn't say your state and city, the apartment's rent-regulated status, if any, whether you signed a lease, whether you received a copy of the lease, how you paid the money to the landlord, and if by check or money order, what you wrote on the memo line, whether you received a receipt from the landlord, what the receipt said, etc.

: : : You also don't explain why you paid rent for the studio. If the landlord has $700 of you money (which you said was the first month's rent for the larger apartment), why didn't you tell the landlord to apply that money to the rent for the studio apartment?

: : : Do you want to try this again, giving ALL the RELEVANT information?

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

: : : : One of my issues is that I NEVER REC"D A LEASE!!
: : : He did extend temporary living for me in a studio (he
: : : covered 1 week, I covered 4 weeks). I finally got
: : : fed up with his consistent delay of my move-in date
: : : and moved out - presenting him a letter and
: : : requesting the first month's rent returned (plus a
: : : few misc costs I had incurred). HELP!
: : : : :
: : : : : Read your lease. Article 6 of the Rent
: : : Stabilized form lease from the Real Estate Board of
: : : New York provides (1) if the landlord does not
: : : deliver possession to you within 30 days of the
: : : scheduled commencement date, you can make a written
: : : demand for possession, and if it is not delivered
: : : within 15 days, you can cancel the lease and get your
: : : money back, and (2) if the landlord gives you written
: : : notice of a delayed possession date, the commencement
: : : date of the lease is the earlier of (a) the date the
: : : landlord the landlord gives or (b) the date you move
: : : in, and the expiration date is extended so that you
: : : get the full term of the lease.

: : : : :
: : : : : : 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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