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verbal contract for renting apt.

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heartz739

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i was supposed to move into a room for about 6 mo. circumstances came up and i was unable to. however, i had already given the "landlord" a security deposit. he says he couldn't find a new tenant for the upcomming month (1.5 weeks away) so he's keeping part of my security deposit which covers one month's rent. i don't believe he looked hard enough b/c rooms go very fast in NYC. can i take him to small claims court to get my money back and if so do i have a chance at winning? there was never a written contract and i have proof that i payed him the deposit. thanx for ur help
 



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