Rentals in New York>Question Details

Virtualet, Renter in New York, NY

Broker has our security deposit and 1st months rent on an apartment we withdrew our application from in manhattan.

Asked by Virtualet, New York, NY Thu Apr 8, 2010

i filled out an application to rent in a co-op in manhattan and gave the broker the security deposit and 1st month's rent. however, the management company took too long to come to a decision, so we withdrew our application. the broker still has our money (it's almost been 6 weeks now). he told us from the very beginning that he'd give us our money, but he keeps dodging our questions regarding when we should expect our money back. i'm thinking of taking him to small claims court and filing a complaint with the NY department of state. what are your thoughts? should i wait longer?

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Look on your lease, there is a place on the p-193 Sublease form (Item #10) where there should have been a number of days for the approval. If it is past that time then you have a legit complaint if you provided a complete and full board package in a timely fashion.
I would get the DOS complaint from off the DOS website, fill it out and fax it to the agent and to his broker/manager with a note giving them 24 hours to return the funds then call the broker/manager (You are probably out the app/Credit check fees)...if you don't have them back...Send it to the Deprtment of State.
Just seeing teh form will let them know you are serious.
(Note I am not an attorney and am giving an opinion...not legal advice)
0 votes Thank Flag Link Thu Apr 8, 2010
Are you speaking to the agent or to the broker owner--if speaking to the agent, contact the broker owner of the realty company and express your concerns--if no satisfaction--consider consulting with an attorney who specializes in real estate, most professionals do offer a free consultation--or you can do small claims court and you can report the broker to the local Board of Realty and the NY Department of State.
0 votes Thank Flag Link Thu Apr 8, 2010
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