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Posted by Jim on January 15, 2001 at 18:34:34:

Here is the situation:

I gave my principal agreement to rent an apartment from the owner of this apartment in the coop building on 12/13/00. The building code requires tenant to be approved
by management of the building and then by board of coop members. The owner of the apartment assured me that the whole process would take not more than 7-10 business days and that there is only a slight chance of not getting the keys by 01/01/01. I was assured that even in the
event of not getting the total approval by 01/01/01 it should take not more than couple of more days extra. Therefore, in the very worst case scenario I was supposed to be able to move by the end of the first week of January. I submitted an extensive amount of documentation (income tax, reference letters, w2 etc etc), application processing fee of $120 and deposit of $500. The owner of the apartment made it clear that although application fee is not refundable, deposit is. I have not been approved, or even called for an interview by coop board of members by
01/15/00. Due to my personal situation I had to leave my current apartment not later than in the first week of January. On 01/15/00 I let the owner of apartment know that I can no longer wait and would like to get my deposit back with cancellation of our agreement. The owner refused to return the deposit due to the fact that he "lost lots of time with me and that I should cover for that time". I made a counter offer of requesting only $350 of the $500 I left as a deposit considering that $150 is enough for the trouble, even the delay was not my fault at all. He refused. My plan is to take it to the small claims court. Does anyone have any suggestions?? Thank you

Follow Ups:

• Re: landlord doesn't want to refund deposit ...(more..) JJ 01/20/01 (0)
• Re: landlord doesn't want to refund deposit ...(more..) Dawn 01/17/01 (2)
  • Re: landlord doesn't want to refund deposit ...(more..) Jim 01/17/01 (1)
    • Re: landlord doesn't want to refund deposit ...(more..) Dawn 01/19/01 (0)

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: Here is the situation:

: I gave my principal agreement to rent an apartment from the owner of this apartment in the coop building on 12/13/00. The building code requires tenant to be approved
: by management of the building and then by board of coop members. The owner of the apartment assured me that the whole process would take not more than 7-10 business days and that there is only a slight chance of not getting the keys by 01/01/01. I was assured that even in the 
: event of not getting the total approval by 01/01/01 it should take not more than couple of more days extra. Therefore, in the very worst case scenario I was supposed to be able to move by the end of the first week of January. I submitted an extensive amount of documentation (income tax, reference letters, w2 etc etc), application processing fee of $120 and deposit of $500. The owner of the apartment made it clear that although application fee is not refundable, deposit is. I have not been approved, or even called for an interview by coop board of members by 
: 01/15/00. Due to my personal situation I had to leave my current apartment not later than in the first week of January. On 01/15/00 I let the owner of apartment know that I can no longer wait and would like to get my deposit back with cancellation of our agreement. The owner refused to return the deposit due to the fact that he "lost lots of time with me and that I should cover for that time". I made a counter offer of requesting only $350 of the $500 I left as a deposit considering that $150 is enough for the trouble, even the delay was not my fault at all. He refused. My plan is to take it to the small claims court. Does anyone have any suggestions?? Thank you


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