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Posted by Mark Smith on April 15, 1999 at 13:45:30:

In Reply to: Re: Landlord cashed check, no apt! posted by renee on April 15, 1999 at 09:12:27:

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?

Follow Ups:

• 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)

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Comments:

: 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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