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I had given a security deposit on an apartment in NYC, and I…

I had given a...

I had given a security deposit on an apartment in NYC, and I then decided not to take possession of the apartment for various reasons. I was advised that since the realtors did not execute a NY state tenant disclosure form they they must give the money back or risk losing their license. Is this true?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

New York

Lawyer's Assistant: Has any paperwork been filed?

No tenants disclosure form signed by either side

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that's all

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Answered in 15 minutes by:
11/15/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,564
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

,

What disclosure are you referring to? bedbugs? property condition? escrow account disclosure? something else?

.

.

thanks

Barrister

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Customer reply replied 6 months ago
I just uploaded the disclosure form in question

Ok, that is just the agency relationship disclosure and while it is required, it wouldn't invalidate any contract between you and the landlord. But if one wasn't completed, if a complaint is filed against an agent for not producing a disclosure form, the penalty is a fine of up to $1,000 and, potentially, a requirement that the agency return the commission.

.

So I hate to say it, but that likely won't get you out of the lease contract unless you threaten to file a complaint and they convince the landlord to release you and refund your deposit.

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

Barrister

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Customer reply replied 6 months ago
Oh, I never signed a lease contract. I only gave the realtors my deposit.

That would make you a month to month tenant under an oral lease agreement if you didn't sign a lease. So the most they could hold you liable for in the event of a breach would be one month's rent..

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Customer reply replied 6 months ago
Just to confirm, all I can really do is to threaten to file a complaint that the tenant disclosure form wasn’t presented and hope for the best?

Basically yes. This is an realtor mistake, not a landlord one, and the real estate board can ding the realtor, but it doesn't affect the relationship between landlord and tenant that was created when you paid money as a deposit to rent an apartment..

.

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Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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Customer reply replied 6 months ago
Thank you for checking in. I’ve decided that the realtors can simply keep the $3350 deposit as I have more important things to tend to. Lesson learned.

You are very welcome. Happy to help any time, even if the news wasn't that great..

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

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Hello again,

.

Please take a moment to rate my service as that is the only way I am compensated for my work.

.

.

Thanks much

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,564
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,564
41,564 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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