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Signed lease, paid security, room was rented to another individual

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need_help_plz

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

Hi -

I just signed a lease and paid the security deposit for an apartment I toured today. I was given the keys to the apartment after signing, and decided to begin moving from my previous residence. When I came back with some of my stuff, the door to my apartment was open and there were a ton of boxes. Turns out, someone else was rented the same apartment, but they had paid their deposit a couple weeks back. The lady in charge had forgotten about renting it out already. Worst part, she only had $300 on her because she made the deposit in the meantime. First off -- what are my options to get the other $300 back? And secondly, do I have any additional legal action I can take?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? New York

Hi -

I just signed a lease and paid the security deposit for an apartment I toured today. I was given the keys to the apartment after signing, and decided to begin moving from my previous residence. When I came back with some of my stuff, the door to my apartment was open and there were a ton of boxes. Turns out, someone else was rented the same apartment, but they had paid their deposit a couple weeks back. The lady in charge had forgotten about renting it out already. Worst part, she only had $300 on her because she made the deposit in the meantime. First off -- what are my options to get the other $300 back? And secondly, do I have any additional legal action I can take?
This would depend on your goals. There is nothing you can do from a legal perspective that will happen rapidly. Hopefully, the "lady in charge" will get you the rest of your money quickly. I would suggest that you look for another place asap.
 

BL

Senior Member
What about the lease? It would seem to me that it's not valid...but what are your damages?
If she gave notice from the prior LL and ext. ext. those could be sued for plus the deposit.

Not hers/his fault the LL " Forgot" .

Futher if the LL is not in the right mind she nedds managers. If she/he is then it's a cam.

Either was the poster can sue for damages.

What if the poster is now on the streets because of it?
 

Zigner

Senior Member, Non-Attorney
If she gave notice from the prior LL and ext. ext. those could be sued for plus the deposit.

Not hers/his fault the LL " Forgot" .

Futher if the LL is not in the right mind she nedds managers. If she/he is then it's a cam.

Either was the poster can sue for damages.

What if the poster is now on the streets because of it?
Thanks for expanding on the possible damages. Now let's hear (from the OP) what the damages actually are (as I asked previously.)
 

LdiJ

Senior Member
Thanks for expanding on the possible damages. Now let's hear (from the OP) what the damages actually are (as I asked previously.)
His damages are at least the other 300.00 that the "lady" could not refund on the spot.
 

Zigner

Senior Member, Non-Attorney
His damages are at least the other 300.00 that the "lady" could not refund on the spot.
Oy vey! I agree and I acknowledged that in a prior post. "Hopefully, the "lady in charge" will get you the rest of your money quickly." So, now let's wait to hear from the OP about the actual damages (with the understanding that, at this moment, the damages are $300.)
 

BL

Senior Member
His damages are at least the other 300.00 that the "lady" could not refund on the spot.
Really ,what right does a LL have to offer your a rental ,sign a lease ,AND give you a set of keys to move in , YES a set of keys ( at leat it creates a M to M. ) ,and you give up your prior rental come there with the keys provided, and other tenants there and OHH I forgot. More damages IMO.

If the LL is camiing call the OAG consumer affairs in your area to ask your remidies.

If this LL has a habit of scamming she/needs some jail time and ordered to compensate.
 
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Zigner

Senior Member, Non-Attorney
Really ,what right does a LL have to offer your a rental ,sign a lease ,AND give you a set of keys to move in , YES a set of keys ( at leat it creates a M to M. ) ,and you give up your prior rental come there with the keys provided, and other tenants there and OHH I forgot. More damages IMO.

If the LL is camiing call the OAG consumer affairs in your area to ask your remidies.

If this LL has a habit of scamming she/needs some jail time and ordered to compensate.
Damages must be quantifiable. C'mon BL - you know this.
 

BL

Senior Member
Damages must be quantifiable. C'mon BL - you know this.
They got keys to move in. they could not .Are you going with the forgot BS they already rented it?
Not me.

Ya know if it were me and i seen boxes , i'd remove them and move in . BWDIK.
 

BL

Senior Member
Anyways they are trolls on the board ,read between the lines.

Room - vs - rental . I'm just saying for the sake of it ,trolls n all carry on....
 

tranquility

Senior Member
The damages can include the difference between the place he must rent and the place he has the lease for. They might include the difference in effort between the commute from the leased apartment and the one he ends up in. While that may be difficult to quantify, general damages would be allowed in such a breach as this. And, while punitive damages are not usually allowed for breach of contract, gross negligence such as this may allow for them--this is not a holdover issue where the clause allowing for no damages to the tenant for failing to provide possession at the start of the lease would be determinantive.

Now, before we talk about a common clause in many leases, remember the facts. The landlord already rented the apartment and then rented it again. This could be more than a breach of contract, it could also be a tort. While the landlord can claim "I forgot" all she wants, this is not mere negligence. It is going to be far more. That is why punitive damages may be on the table.

If I were the OP, I would look quickly to mitigate damages and rent an appropriate place. I would also see an attorney skilled in landlord/tenant law to see what options they have. And, if the OP is of some protected class in some way, may God have mercy on the landlord's soul.
 

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