If I provided $500 out of the $2500 of a security deposit for an apartment but have yet to sign the leas, I am entitled to receive the $500 back?

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If I provided $500 out of the $2500 of a security deposit for an apartment but have yet to sign the leas, I am entitled to receive the $500 back?

The apartment was to be renovated and the style of the granite in the kitchen and the design of the closet changed after I provided the $500 and then was shown the apartment again, if that makes any difference

Asked on August 14, 2012 under Real Estate Law, New York

Answers:

Mark Siegel / Law Office of Mark A. Siegel

Answered 8 years ago | Contributor

You did not indicate whether the $500 was paid to a real estate rental agent or directly to the landlord. If you've made a partial payment of a security deposit to the landlord & you haven't signed a lease, taken possession of the apartment or received the keys to the apartment, then you may have a claim for the return of the $500. You should consider writing a letter to the landlord, by certified mail, return receipt requested, requesting a refund of your $500 payment. If you do not receive a reply within a reasonable period of time, or if the landlord refuses, you can call the local town, justice or city court & ask for information regarding the filing of a small claims lawsuit.


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