Legal Question in Real Estate Law in New York

Landlord keeps security despite not renting

We gave a landlord a security deposit and he cashed the check. He sent us back a signed lease and one month later before we took posession, he informed us he will not rent to us without giving an explaination despite my insistance.

We also incurred expenses hooking up electricity so his contractor could do some work before we took posession and also had a gas company come out to assess the boiler as per the lease agreement.

He has not returned the security deposit.

What legal steps can we take to insure he returns our deposit. Eg: filing criminal charges (Landlord lives in WA and US mail was used for correspondance. Is the landlord breaking any laws?


Asked on 8/03/02, 9:51 pm

2 Answers from Attorneys

Bunji Fromartz Fromartz Law Offices

Re: Landlord keeps security despite not renting

Please check with a local attorney immediately. It would be my contention that you took possession, though you did not have to pay rent to the landlord, when you paid for the electric installation.

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Answered on 8/05/02, 10:23 am
Daniel Clement Law Offices of Daniel Clement

Re: Landlord keeps security despite not renting

You should pursue your rights in a civil lawsuit.

Daniel Clement

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Answered on 8/05/02, 12:10 pm


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