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I need an advise I have moved inn apartment in August 16 of

Customer Question
hello I need an advise...
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: 2 years ago.Category: Landlord-Tenant
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Customer reply replied 2 years ago
for clarification the apartment is in buffalo NY , and the attach is a copy of the lease
Answered in 10 minutes by:
8/26/2015
Lawyer: LawTalk, Attorney replied 2 years ago
LawTalk
LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37,857
Experience: I have handled Real Estate and Landlord Tenant matters for more than two decades.
Verified

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

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Customer reply replied 2 years 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
Lawyer: LawTalk, Attorney replied 2 years 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

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Customer reply replied 2 years 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 !
Lawyer: LawTalk, Attorney replied 2 years 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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