Monday, December 12, 2011

What to do if landlord has not returned deposit from oral agreement?

Hi, I'd like any advice on what to do.





I needed short term housing from the beginning of Sept until the end of Oct. I found a nice place (in New Rochelle, NY) and the landlord and I had an oral agreement of $600 per month plus a 1 months deposit of $600. So I paid her $1200 cash up front. And I did not get a receipt or anything.





The next month comes and I pay her another $600 cash. And when it is time to leave, she says she will mail a check to my permanent address. I'm a quiet tenant and took care of the room and restored it to exactly the same condition as when I moved in.





So far, nearly six months have passed and I have not received my deposit back. I have called her several times and she sites financial hardships. Am I screwed or do I have any chance of recovering my deposit?|||Screwed, and you have learned a hard lesson. As much as you may want to have faith in peoples good words and good intentions, ALWAYS get it in writing. There is no way this woman is going to give you the money back, and if you tried to take her to small calims, she could just lie, and you would end up not getting the money. Without a written, signed agreement, all you can do is hope that people will live up to their word, and sadly, they usually don't.|||yep, you're screwed. you have no legal method of recovering your deposit, unless there was a witness who will testify to the arrangements. you would still need to sue to recover. bottom line-yeah, your screwed.|||Sorry for the bad news but real estate contracts are valid only if in writing. The best thing you can do now is document this in writing and try to get her to agree to some term of re-payment. If you can get a written record that she agrees to pay you this money, you may be able to take her to Small Claims Court. Otherwise you are somewhat at a disadvantage.





Good luck

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