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Owner wants me to sign the blind lease after taking Secu

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Owner wants me to sign the blind lease after taking Secu

Postby msdinesh » Mon Jul 29, 2002 8:53 pm

I gave the owner deposit for the apartment in a coop building without his showing me the lease, obviously I did not sign the lease so far. Next day when I reminded him that he should not forgot to mention in the lease that I can sub-sublease the apartment if the situation would arrive. Initially he agreed but now finding himself sitting on my money he changed his mind and wants me to sign the lease whatever he write. He has also threaten me to keep partial or full amount of my deposit. He has given me the receipt for my deposit (but cleverly written that the deposit is non-refundable). However, I was told that it was illegal for him to take money from me before signin the lease. I was futher told that as a prospective tenant I have the right not to agree to the lease and in that case he has to return my deposit. I will greatly appreciate if someone could give me any information on this. I am new in this new country and city - just arrived 3 weeks agao what an experience!! Thanks.

<small>[ July 30, 2002, 01:47 PM: Message edited by: Feel Cheated ]</small>
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Re: Owner wants me to sign the blind lease after taking Secu

Postby edlicious » Tue Jul 30, 2002 9:49 am

The contract has not been completed, no signed lease and a security deposit is by defintion refundable. It is held as a pledge and "held by the landlord as security against loss due to the misdeed of the tenant."
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Re: Owner wants me to sign the blind lease after taking Secu

Postby msdinesh » Tue Jul 30, 2002 12:54 pm

Originally posted by edlicious:
The contract has not been completed, no signed lease and a security deposit is by defintion refundable. It is held as a pledge and "held by the landlord as security against loss due to the misdeed of the tenant."
Thanks for you reply. What about he has written that the deposit is non-refundable?
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Re: Owner wants me to sign the blind lease after taking Secu

Postby mjr203 » Tue Jul 30, 2002 1:45 pm

Originally posted by Feel Cheated:
Originally posted by edlicious:
[b]The contract has not been completed, no signed lease and a security deposit is by defintion refundable. It is held as a pledge and "held by the landlord as security against loss due to the misdeed of the tenant."
Thanks for you reply. What about he has written that the deposit is non-refundable?[/b]
It doesn't matter what he "wrote" -- you did not sign any agreement. Assuming you decide not to take the place, that $ is yours. Hope you work things out. Sounds like a shady guy. Think about how he'll be the rest of your tenancy.
most Landlords suck it.
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Re: Owner wants me to sign the blind lease after taking Secu

Postby msdinesh » Tue Jul 30, 2002 4:07 pm

Originally posted by pointerout:
Originally posted by Feel Cheated:
[b]
Originally posted by edlicious:
[b]The contract has not been completed, no signed lease and a security deposit is by defintion refundable. It is held as a pledge and "held by the landlord as security against loss due to the misdeed of the tenant."
Thanks for you reply. What about he has written that the deposit is non-refundable?[/b]
It doesn't matter what he "wrote" -- you did not sign any agreement. Assuming you decide not to take the place, that $ is yours. Hope you work things out. Sounds like a shady guy. Think about how he'll be the rest of your tenancy.[/b]
Today the owner sent me an email that he has found new tenant and is prepared to return my deposit but $200 less. Is there any office to complain or I have to sue him in the court.
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Re: Owner wants me to sign the blind lease after taking Secu

Postby mjr203 » Wed Jul 31, 2002 10:43 am

The attorney generals office handles security deposit complaints on a high level but only after you have attempted to resolve your beef yourself.

If you desire the $200 back in addition to the rest, I suggest small claims court ($10 filing fee?)

Whether you get it back depends on what the $ was -- was it called a security deposit or was it a deposit to hold the apartment. Either way he can't inform you it is "non-refundable" after the fact (most likely). I do know that security deposits can only be kept against unpaid rent (clearly not possible) or damage to apt (also not possible).

Get as much back as you can and then proceed. ?

<small>[ July 31, 2002, 10:44 AM: Message edited by: pointerout ]</small>
most Landlords suck it.
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Re: Owner wants me to sign the blind lease after taking Secu

Postby msdinesh » Wed Jul 31, 2002 1:11 pm

Thanks for advice. I have not refused to take the apartment so far, certainly not with his conditions of deducting from my deposit. In the receipt which he gave for my deposit, he has very cleverly written that it is non-refundable; and will become security deposit when the agreemnt is signed and then will become refundable. Do I not have any write not to disagree with the terms of the lease. Just two choices - either sign the agreement or loose your deposit.

In the meantime, he has new tenants (most probably the lease is signed with them) and the apartment is available from August 15. Therefore, probably he is holding deposits from two tenants for the same apartment. Can he really do that?

<small>[ July 31, 2002, 10:06 PM: Message edited by: Feel Cheated ]</small>
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Re: Owner wants me to sign the blind lease after taking Secu

Postby msdinesh » Wed Jul 31, 2002 10:03 pm

Thanks again for your reply. The receipt says, "I received a deposit of ---- from ---- for sub-lease of my apartment... The deposit is non-refundable; when a sublease agreement is signed, this deposit will become security deposit, refundable as per the sub-lease agreemetn." So the word "holding deposit" was not specifically used. Let me make it clear to you that I have never refused not to sign the lease and has never agreed of his deducting money from my deposit if I do not agree to the lease agreement. The official website reads, "It is illegal for a landlord, superintendent or managing agent to require a prospective tenant to pay a bonus -- commonly called "key money" -- above the lawful rent and security deposit for
preference in renting a vacant apartment." Don't you think my deposit qualify for position. Secondlly can I be expected to sign a blind lease once my money is in hand? Your comments on these will be greatly appreciated.
msdinesh
 
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