Can a craiglist posting make me a tenant with a lease?

[bigapple999]

I am living in a room in Flushing, Queens since Feb. 1st, and found a better place to live in Brooklyn for April 30th move-in. So I gave a notice to my landlord during the early April, stating that I am moving out by end of this month, and that he's supposed to return the deposit by end of this month. However, he just became furious, and told me that he will sue me for the rent for the next 3 months: May, June and July

What he's saying is that since he included six-month minimum condition in his craiglist ad, which I haven't agreed on it, and he did not brought this out as a condition that I must accept to move-in to this place.

Also there's no written lease, contract, agreement or anything that he can prove that I agreed on that. Since he was saying that no contract or something is necessary if I pay the rent on time, I thought that my situation is basically month-to-month tenant, who does not have lease, and therefore each party may terminate the lease by giving a notice.

So I cannot imagine how just an ad posting makes me a tenant with a lease without my signature or any other proofs.

I think this seems like a ploy of him for not giving me back the deposit. But I am afraid of a situation that he's bringing this to the court. Is there any possibility that he can win the case if he sues me for the rent of the remaining 3 months?

Thanks.

[TenantNet]

No chance, an ad in Craig's List is not a lease, binding or otherwise. But the wording could imply certain understandings between the parties.

I doubt it would be possible for the LL to successfully sue you on the remaining months, but I doubt you'll get the deposit without a fight.

That's why many tenants let the deposit serve as the last month's rent. The LL will say that's not the way it's supposed to be done, and he's got a point; deposits are supposed to be a hedge against real damages. But many LL's make up invented reasons to keep the deposit. In the end, if there are real damages, the LL would have the right to seek compensation.

[ronin]

It is completely not possible due to something called the "Statute of Frauds". Your lease and its terms have to be in writing signed by both parties. Unless you signed the CL ad for him courts are not supposed to give any weight at all to any "understandings" regarding real property in the absence of a lease, bill of sale, etc. This came about because people would get drunk playing poker and allegedly give someone a 99 year lease for $1. The SoF keeps the courts from having to deal with that crap- very very old law from before the US split from England- updated and affirmed within the last few decades by the NY Legislature.

bigapple999 to be a pain you should tell your LL that your lawyers told you that the ad was interpreted to mean 6 months minimum for 1 months rent as an inducement to get you to try the room out and so he owes the deposit and all the rent over the first month. That should shut him up quick.

PS. Don't sign anything at this point. Be careful to avoid any tricks.