Do I have options to get security deposit back for NYC Apartment I can no longer move in?

So I found an apartment in NYC (tiny studio) directly through owner (older lady). Her current tenenat posted an ad on craigslist and was the one I met and she showed the apartment. It was posted for immediate move in date. Dec 1, $1500 a month plus $1500 security deposit. I saw it and was ready to move in. I put

So I found an apartment in NYC (tiny studio) directly through owner (older lady). Her current tenenat posted an ad on craigslist and was the one I met and she showed the apartment. It was posted for immediate move in date. Dec 1, $1500 a month plus $1500 security deposit. I saw it and was ready to move in. I put down $1500 to secure it when I met the owner. Then later I find out the tenant had a problem with her next apartment and needed to stay few extra days. Which turned out 2 weeks.

Now because of this I need to pay for my current apartment rent to extend a month, plus now new apartment 3k total to move in. It s all to much on me financially. So I asked them for my deposit back – I no longer want the apartment because of the dates and how much it s costing me (btw I had work trip dec19- January 5) so I won t even be present.

Anyways, now the owner is saying because she was holding my apartment she can no longer give me 1500 security back. Even though they were the ones that changed the move in date!

My building now I have to finish this month since I spent half the month already.

What are my options? Is there any!?

Other answer:

R P:
Did you sign a lease for the new place that started Dec 1st? And did you pay December's rent along with the security deposit? If so, the landlord breached the lease since you were not able to move in on Dec 1st and you are entitled to your money back (rent & secufrity deposit).

If you have not signed a lease yet, that one is a bit difficult as both of you are correct. She held the unit for you & normally you are not entitled to the money back since you are backing out of the deal. However, she breached the deal first since the unit was not ready for you as of Dec 1st. If you have not paid Dec rent for the new place, you don't have to pay the full amount. You'll only pay a pro-rated ampunt based on the day you move in which is the start date of the lease.

So, you still have money to pay Dec's rent at your current place.

babyboomer1001:
Generally, you would not be entitled to it back. However, she refused to allow you to move in on the contracted date. She breached the contract, not you. So, I think you are entitled to a full refund but, if she won't give it to you, you will have to sue her to get it. Keep in mind that your money problems are not relevant to the contract that the woman breached. You would have to pay first, last and the deposit anyway. You could have moved in and then sued for the month you had to pay when she broke the contract and locked you out for two weeks. However, you have decided to not take the place because of what she did. You can sue her.
Sam S:
I think you have a good case. Make sure it's all in writing. Since it's dec 14th, the two week date hasn't even passed, get in writing that you demand you deposit back now, email it to them…then call a lawyer. As well, you can mention that you will be consulting a lawyer. Don't make anyspecific threats to sue (can be seen as extortion), but do mention that you may have no choice but to speak to a lawyer, i think that should be OK.
Anastasia:
Thank you everyone! After long disagreement the lady started making excuses for me not to move in no said how she is calling my employer and family to say how "wishi washi I am."

I had to get my employer involved (she has a lawyer degree) and I won this case. Didn't move in – and received full security deposit back!

Thank god that's over

JMITW:
uh, you wouldn't be paying RENT for the NEW apartment…so you can use that to pay the OLD apartment..maybe you can ask to move in about the 17th-18th, but not pay rent until January since you won't actually be there.

are you prepared to sue for a refund? i don't even know if a court would side with you since the apartment would eventually be available

if you really don't have any emergency funds…you are living well above your means and need to rethink your arrangements…if you can't earn more, you need to cut back on spending or get a roommate

Pascal the Gambler:
If they are not living up to their end of the deal, they return the money.

She held it, but she did not give it to you when she said she would. SHE broke the deal. You were ready to move in, she was not ready for you, that is on her. INform her that since SHE broke the terms of the deal, you are fully prepared to take her to court for the return of the money plus court costs, etc.

Robt:
Ask local educated adults for actual info locally as it varies greatly depending on where you live
coraann:
Are you aware that you FELL for one of the most common scams happening
these days?
Beverly S:
Look at what you signed.
FAHq:
on the one hand they breached the contract…..on the other hand, what did you agree to?
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