Legal Question in Real Estate Law in New York

hi my name is linda

and i am wondering i have a tenant couple who was suppose to move in om october 1st but the girl friend decided not to move in and we only wanted a couple in case one cant pay they have 2 incomes they gave 700$ deposit and $725 for the first month . now i must re rent it do they loose there money there was no lease?


Asked on 9/30/11, 1:41 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

You have rented it. You have received one month's rent and a month's security. If you try to keep them out, they can sue you and you will be in very serious dutch. The fact thart there is no lease indicates that you're thinking you can renege on the deal. I would happily represent the tenants in this case: by the time I was done, the tenants would end up owning the house.

You made a deal. If the tenant can't pay the rent, evict them for nonpayment. But in the absence of a written lease, you really have no defense to allowing them in. Presumably they have something--a cancelled check, a receipt. And lying in landlord-tenant court has been known (depending on the judge) in the liar ending up in jail for contempt of court. Not a good strategy to follow.

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Answered on 9/30/11, 8:42 am


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