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  1. #11
    Join Date
    Aug 2013
    Posts
    21

    Default Re: Can a Landlord Deny a Preview of a Lease 'Draft' Demanding First an Ex Ante Depos

    Quote Quoting jk
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    As I said, since you signed the lease the non refundability issue doesn’t apply to you.

    You had all rights to refuse to pay the deposit. You paid it

    you had all rights to refuse to sign the lease; you signed it

    if you paid the deposit and didnt want to sign the lease and was not refunded your money, then you could have checked into whether that requirement is enforceable. Since you signed the lease, it doesn’t really matter.

    For all you know the guy would have refunded the deposit if challenged
    No. I meant enforceable by a Court should it arise to that (i.e. via Injunctive Relief as a counter-claim to an eviction or in a separate civil action). Legal enforceability, not internal corporate enforceability.

    Further, the 'pay-first-to-unseal' lease was strictly non-negotiable. Go figure.

  2. #12
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Can a Landlord Deny a Preview of a Lease 'Draft' Demanding First an Ex Ante Depos

    Itn
    Quote Quoting Eric777
    View Post
    No. I meant enforceable by a Court should it arise to that (i.e. via Injunctive Relief as a counter-claim to an eviction or in a separate civil action). Legal enforceability, not internal corporate enforceability.

    Further, the 'pay-first-to-unseal' lease was strictly non-negotiable. Go figure.
    It is meaningless to you now since you have accepted the lease. Your argument against a nonrefundable deposit would only be pertinent if you did not sign the lease and believed the clause unenforceable. It’s a moot point for anything involving you now.

    And I have been speaking of court enforceability at all times. Whether the landlord believes it is enforceable is meaningless if it is not legally enforceable.

    You had the option of walking at any time prior to signing the lease. You could have refused to pay the deposit or you could have refused to sign the lease once it was presented. If you didn’t believe the nonrefundable policy was legal, when denied a refund is when you challenge it. There is nothing to challenge now.

  3. #13
    Join Date
    Aug 2013
    Posts
    21

    Default Re: Can a Landlord Deny a Preview of a Lease 'Draft' Demanding First an Ex Ante Depos

    Quote Quoting jk
    View Post
    Itn
    It is meaningless to you now since you have accepted the lease. Your argument against a nonrefundable deposit would only be pertinent if you did not sign the lease and believed the clause unenforceable. It’s a moot point for anything involving you now.

    And I have been speaking of court enforceability at all times. Whether the landlord believes it is enforceable is meaningless if it is not legally enforceable.

    You had the option of walking at any time prior to signing the lease. You could have refused to pay the deposit or you could have refused to sign the lease once it was presented. If you didn’t believe the nonrefundable policy was legal, when denied a refund is when you challenge it. There is nothing to challenge now.
    Okay this makes much more sense now. Thanks for your input.

    Next step for me is to contact local legislators about introducing legislation similar to the Maryland statute. Most people for $500 wouldn't even bother contesting in small claims, and I wouldn't have the time in my case.

  4. #14
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Can a Landlord Deny a Preview of a Lease 'Draft' Demanding First an Ex Ante Depos

    Quote Quoting Eric777
    View Post
    No sir. Don't care if it's a $50 paint job or a $5 Million Picasso painting you want me to buy and hang. I should be able to see the text of the lease before I pay a dime.
    I agree that before you pay any nonrefundable deposit you should see the lease first. But the thing is, that is totally in your control. Ask to get a copy of it before giving up the money. If the landlord says no, walk away. NY has plenty of apartments and you can find lots of them where you can review the lease before paying any nonrefundable deposit. If every prospective tenant refused to pay up until they saw the lease the landlord would cave into the market pressure and let tenants see it. No law is really needed to get landlords to do it. It just takes tenants willing to say no. It always surprises me in sales situations how many people are unwilling to say no when confronted with a term or situation they don't like. They think they want what is offered so badly they'll ignore that nagging voice in their head warning them that there is a possible problem and forge ahead anyway. Then when it turns out bad, they want to blame everyone but the one person who had the power to prevent getting sucked in in the first place: themselves. So next time, don't get sucked in.

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