If I paid a depsit but did not sign the lease, how do I get my monry back?

UPDATED: Oct 19, 2012

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If I paid a depsit but did not sign the lease, how do I get my monry back?

I am a foreigner with no credit history looking for a house to rent. I found one and the realtor and management company wanted 5 months security deposit or a cosigner. I got a co-signor and gave them 1 year and 1 month rent and security deposit but told them I want to see the lease and review it. they cashed the checks and I didnt agree to the lease and I am having trouble getting my money back. didnt sign the lease and have original and copy. What should I do?

Asked on October 19, 2012 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If neither you nor the co-signer that you have written about signed the written lease for the unit you wanted initially but do not now, the intended landlord is required to return your security deposit back immediately upon request.

I suggest that you write the person who was given the security deposit demanding its payment by a certain date. Keep a copy of the letter for future use and need.

If the due date comes and goes with no payment, then small claims court appears to be your legal recourse.

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