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How to get back a rental deposit from an agent???

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jacksondomino

Junior Member
What is the name of your state (only U.S. law)? What is the name of your state (only U.S. law)?

New York


I placed a deposit on an apartment and was accepted by the landlord. The day I was to sign the lease, the agent called and cancelled saying the landlord and/or lease was not available that day. He wanted me to come in the following day, but I told him that I would be out of town. When I returned after nearly two weeks, the landlord had rented the apartment to someone else, and the agent told me the landlord was upset because my deposit had prevented anyone from renting the apartment for 16 days.

I asked my agent to return my deposit, as my agreement with him states that if I changed my mind "any time after I have been orally notified and/or in writing that the landlord has approved the application and before the lease signing the deposit is not refundable." However, I never changed my mind - I simply was not available for the new lease signing date after the agent called to cancel the initial signing date.

When I told the agent I plan to sue, he responded by saying I would be sued for creating conditions where the landlord could not rent the apartment for 16 days.

1. Can I get back my deposit?

2. Can I be sued?

3. Is there a time limit between when a person is accepted by a landlord and the time he/she is required to sign the lease or forfeit the deposit? (For example, is there a law stating that if I did not sign in 3 days after acceptance I forfeit the deposit? Or does this have to be stipulated in the agreement?
 


seniorjudge

Senior Member
I asked my agent to return my deposit, as my agreement with him states that if I changed my mind "any time after I have been orally notified and/or in writing that the landlord has approved the application and before the lease signing the deposit is not refundable." However, I never changed my mind - I simply was not available for the new lease signing date after the agent called to cancel the initial signing date.

I suspect that a court would find that this is changing your mind.
 

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