tenents right if any

[prepre]

What is the name of your state? New York
My question is: I signed a lease for an apartment. Paid first month, last month, and security. Was supposed to move in July 1, 2006 could not move in due to previous tenents still moving out and cleaning up and had full access to premises (had not returned keys) Landlord gave me keys in the second week of July (I never moved any of my stuff in) and the third week of July I informed him that I could no longer move in (due to circumstances beyond my control) I was prepared to lose some of the money I had put down on the apartment but not all. Am I entitled to any of my money back? (I gave him the last of my money for deposit and have been homeless since) Any feed back would be most helpful Thank You...

[JETX]

Originally Posted by prepre

Am I entitled to any of my money back?

Based solely on your post, yes.

Run, don't walk, to the local courthouse and file a lawsuit against the landlord.

[BL]

Unless the lease states otherwise, the apartment must be made available to the tenant at the beginning of the tenancy. If the apartment is not available when agreed, the tenant has the right to cancel the lease and obtain a full refund of any deposit. (Real Property Law § 223-a)