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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Do We Have to Pay a Deposit if Breaking a Verbal Agreement

    My question involves landlord-tenant law in the State of: New York (Brooklyn)

    Hi, my girlfriend entered into a verbal agreement on a month-to-month lease last night, and would like to break it at this point.

    I know verbal agreements are binding as law in NY State, but are there any statutes that allow for breaking it within those first 24 hours after agreement?

    The verbal agreement was given for a deposit (totalling $650.00) and first month's rent. Since then, we discussed and decided that staying month-to-month at the current location would be better for us, and I encouraged her to break off the agreement.

    When she called him approximately 12 hours after agreeing, the other party became aggressive, and demanded she pay the deposit money without refund, as he had already cut negotiation with the other possible tenants.

    They then hashed it out a bit, and he is demanding payment of the deposit , to be refunded if a new tenant is found by the 1st of this coming month(20 days from now). He has threatened to sue and slander her online if she does not front the money.

    So, basically, does she really have to pay that money, and if so, what is her recourse for getting it back if he does find another tenant?

    Please help, she's become despondent, despite having more than enough money to cover.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    14,591

    Default Re: Do We Have to Pay a Deposit if Breaking a Verbal Agreement

    are there any statutes that allow for breaking it within those first 24 hours after agreement?
    No. The verbal agreement is just as binding as a written one, and the same laws apply.

    She needs to either pay up or face court. If you think she's despondent now, wait until the process server shows up with a summons.
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