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How can I get refund of my goodfaith deposit ?

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Latest post Thu, Jul 28 2016 3:49 PM by Drew. 23 replies.
  • Wed, Jul 27 2016 6:55 PM In reply to

    Re: How can I get refund of my goodfaith deposit ?

    neonpigs:
    I learned that she never submitted my application to the rental managemet (LL) company.

    Never submitted it, or submitted it and then withdrew it?  That makes a huge difference, so you might want to call the management back and ask that.

    If she never submitted your application even though she had it for 10 days before you told her you were backing out, and given that your planned move-in date was not that far in the future, then she is not being honest.  Are you sure she is the main tenant in this apartment, and not some scam artist pretending to be?  Another possibility is that she decided she liked someone else better and submitted that person's application but held onto yours in case the other person wasn't approved.  From what you've said, her doing that would be a breach of your verbal contract.

    If on the other hand she did submit your application, but withdrew it from their consideration after you told her you were backing out, that would mean she is doing her best to deal with this situation fairly.  If she can't get a replacement tenant through the approval process in time for that person to move in on August 1, she may be entitled to keep some of your money (enough to cover the rent from Aug. 1 to whenever the replacement moves in).

    neonpigs:
    So I have difficult time to undersyand what she was upto..until I actually try to move in as planned on August 1st 2016

    I don't recommend doing that.  Since the management has not approved you, you have no legal right to move in.

  • Wed, Jul 27 2016 8:06 PM In reply to

    • neonpigs
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    Re: How can I get refund of my goodfaith deposit ?

    I did call the building rental management office today and they told me as off today she has not submitted my applicatication. 

    I met her at this apratment that I plan to move into with her 1st time I saw the place. SO I am sure she is the tenant.

  • Thu, Jul 28 2016 8:35 AM In reply to

    • Drew
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    Re: How can I get refund of my goodfaith deposit ?

    I repeat my suggestion that you clearly in writing prompty rescind your offer to enter into a lease..and deliver same to all relevant parties....what,you don't want is some ureka moment that hurray, you are approved! 

    NY is a bit odd in that tenant  has a duty to abate a remtal breech and ofmsome prior tenant jumped out, there could be games afoot by tenant to,cover that hole . 

    in any event you would be smart to clearly in writing rescind your offer ...and do not ratify the deal by performance like moving in......

    Just my suggestions ....



  • Thu, Jul 28 2016 8:55 AM In reply to

    Re: How can I get refund of my goodfaith deposit ?

    I suppose you've already looked into stopping payment on your check, and it's too late (she already cashed or deposited it).

    Before you actually sue, you can (and probably should, if you haven't already) send her a "demand letter" by certified mail, return receipt requested.  The letter should ask her for your money back, explain why she owes it to you, and give her a deadline to return it to you voluntarily or you will sue.  Keep a copy of the letter for yourself so you can include it with your other evidence if and when you do sue.  One thing that might help persuade her to pay you before your deadline would be to include a copy of the small-claim filing form, filled out except for the date, to show her that you are serious.

    Then if she doesn't pay I guess you'll have to sue her.  According to this helpful court-system webpage, you're below the $5,000 limit for filing in NYC small claims court.  It says you can sue where either party lives, but I think that's only if you live in the area covered by the NYC small claims system.

    I see that your user profile shows you're from Pennsylvania;  in PA, you have to sue where the defendant lives or where the controversy arose.  It's better to sue where the defendant has assets and/or income anyway, since you may well have to enforce your judgment by filing for wage garnishment and/or bank account levy, and a judgment in a different state would have to be "domesticated" first (an extra step in the process).

  • Thu, Jul 28 2016 9:22 AM In reply to

    Re: How can I get refund of my goodfaith deposit ?

    karen2222:
    The letter should...explain why she owes it to you

    That would be because SHE breached your verbal contract by not submitting your application (as she had agreed to do) in a reasonably timely manner.

  • Thu, Jul 28 2016 9:35 AM In reply to

    Re: How can I get refund of my goodfaith deposit ?

    karen2222:

    I can easily picture the lady requesting OP's firm verbal commitment to sign the lease and move in as soon as (s)he is approved, and asking for all that money upfront as a sign of good faith to back up that verbal commitment.

    If that is what happened, would OP not now be in breach of a verbal contract?

    I'm reluctant to play around with hypotheticals.  However, if there was an agreement for the OP to move in if approved and the OP was approved and didn't move in, that certainly could be a breach of contract.  But that doesn't necessarily mean that all of the money paid by the OP became forfeit.

  • Thu, Jul 28 2016 9:37 AM In reply to

    Warning [=*#] Re: How can I get refund of my goodfaith deposit ?

    Drew:
    I repeat my suggestion that you clearly in writing prompty rescind your offer. . . .

    To the OP:  I STRONGLY recommend that you not take legal advice from an anonymous stranger on an Internet message board (in this case, one who isn't a lawyer and isn't in your state).

  • Thu, Jul 28 2016 3:38 PM In reply to

    • Drew
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    Re: How can I get refund of my goodfaith deposit ?

    So far, per OP , the elements of a contract do not appear to be in place ....and by itself an application does not signify agreement .....but some applications do contain words to effect that if approved, the applicant agrees to execute the lease  ( which ordinarily is included )   it's pretty basic that one making an offer has a right to rescind ( unless the offer says otherwise ) 

    I m merely suggesting that to rescind an offer may be far safer than a debate about tenant  options if the LL puts it in a go mode .

     

    BTW its rather unclear just who is the prospective LL...in part it reads like a tenant is doing a sublet to OP . 



  • Thu, Jul 28 2016 3:49 PM In reply to

    • Drew
      Consumer
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    • Joined on Thu, Mar 30 2000
    • PA
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    Re: How can I get refund of my goodfaith deposit ?

    Also , it is highly likely that if the existing tenant is doing a sublet to OP and OP is unable to pay. , that then master tenant is,on the hook to the LL for the shortfall....and per OP the tenant has not submitted the application yet for approval....LL is not going to be amused if tenant withheld significant information about OPs ability to pay ...so perhaps enlighten the LL? 



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