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LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37639
Experience:  I have handled Real Estate and Landlord Tenant matters for more than two decades.
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I need an advise I have moved inn apartment in August 16 of

Customer Question

hello I need an advise I have moved inn apartment in August 16 of 2013 signed a year lease but I moved out in June 16 2014 with full July payment in advanced , at the time when I moved out the owner told me that if the apartment was rented" which it was" he will pay me back the July rent that I have payed , For several months I have been trying to call him , I have explained the situation to him but all what he did is that will call me back but never did and block my number and every number that tried to call him from !!!
what should i do
Submitted: 1 year ago.
Category: Landlord-Tenant
Customer: replied 1 year ago.
for clarification the apartment is in buffalo NY , and the attach is a copy of the lease
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

The agreement made between the landlord and you has been breached by the landlord. Is seems clear by his actions that he has no intention of returning any unearned rent to you and that you are now going to be forced to sue the landlord---probably in small claims court---for the money that he owes you.

Small claims court is inexpensive and you don't need an attorney to represent you. You can sue the landlord and have your trial generally within about 6 weeks. You will also get a judgment against the landlord for the costs of filing the lawsuit in small claims court,

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
what can i bring to the court to prove that he rented the apartment in July , and prove that he told me that he will return the money
the only way i knew it was rented is by calling the front disk and i knew it was rented by then
Expert:  LawTalk replied 1 year ago.

Hi,

Bring the new tenant as proof that it was rented, or subpoena the landlord's custodian of records to come to trial with the rental records for the apartment. Your word is proof of the agreement that he would return unearned rent to you. If he is going to perjure himself you cannot stop that. Your contract in this matter was an oral contract and all you can do is try to convince the judge that this was the agreement.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Kindly, remember to rate my service to you. That is how I am credited for assisting you.

I wish you and yours the best in 2015,

Doug

Customer: replied 1 year ago.
I dont know the new tenant and can't ask him to come the court with me , is the landlord forced by law to bring his rental record and dose the law mandate that he can not take double rent for the apartment , because he may say that he took the money because my lease ends in September and it was mid June when I moved out !
Expert:  LawTalk replied 1 year ago.

You subpoena the tenant, or you subpoena the custodian of records for your landlord. The landlord is not required to bring his records to court---and won't absent a subpoena from you.

The law does not mandate he cannot take double rent. Your claim is based on contract---the agreement you entered into with him.

Would you be so kind as to rate my service to you.

I wish you well,

Doug

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