Is it possible to get all of my money back if my apartment was never fixed as promised?

UPDATED: Oct 19, 2011

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Is it possible to get all of my money back if my apartment was never fixed as promised?

2 months ago I viewed an apartment although it was not in the best condition. I was assured that within the next 2 weeks that the front door and kitchen floor would be replaced and that there would be carpet in the bedrooms. I’m visually impaired and at the time lived 50 miles away. When I arrived nothing was done. He said it would be done by the weekend for sure but still nothing. I then began to get small weaps and bumps which turned out to be flea bites. I told told him and stayed at a hotel until it was exterminated. After that I no longer wanted the apartment and gave him my 30 day notice.

Asked on October 19, 2011 under Real Estate Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unforntunately if you stayed in the rental that you had a lease for and paid the amount you will be unable to get the return of the money that you paid for the simple fact that you in fact paid for the use of the rental.

Hopefully you are on a month-to-month rental for the rental in that if you terminated your lease with actual time left on your written lease (for example a one year lease) there is a very good likelihood that your landlord will consider your responsible for the balance of the time remaining regardless if you use the unit or not.

I recommend that you obtain a written agreement from your landlord that you have no further obligation under your lease as a safeguard signed and dated by him or her.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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