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Posted by Mark Smith on April 11, 1999 at 05:48:49:

In Reply to: Landlord cashed check, no apt! posted by Renee on April 09, 1999 at 13:54:52:

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?

Follow Ups:

• Re: Landlord cashed check, no apt! renee 4/15/99 (6)
  • TRY TO POST RELEVANT INFORMATION Mark Smith 4/15/99 (4)
    • Re: TRY TO POST RELEVANT INFORMATION Renee 4/15/99 (3)
      • Re: HINT for all: when using an internet search engine... JJ 4/15/99 (0)
      • Re: TRY TO POST RELEVANT INFORMATION Mark Smith 4/15/99 (1)
        • Re: TRY TO POST RELEVANT INFORMATION renee 4/16/99 (0)
  • Re: LL cashed check: more details please Anna 4/15/99 (0)

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: 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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