Staten Island, NY asked in Real Estate Law for New York

Q: How long should it take for my first month’s rent from my rental application be refunded to me?

I paid an application fee and first month’s rent for an apartment I was looking to rent. The real estate agent told me if I did not get the apartment, then the first month’s rent is refundable, but the application fee is not. I could not get the apartment due to COVID, so it went to another renter.

But it has now been almost three weeks, and I have not received my refund.

After one week of not receiving the refund, I asked my real estate agent to process it, and he said the money would go straight back to my credit card that I used to pay, and he would update me when it was done. Another week went by, and I still hadn’t been refunded, so I reached out to him again, and he said he would look into it and let me know, but I never heard back. I have tried calling the agency’s office directly, but no one has answered, but I assume that is because the office is closed, due to COVID.

If anyone has any suggestions or advice, I would greatly appreciate it. Thank you!

Related Topics:
2 Lawyer Answers
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: I am sure you will get it. These things take longer when everyone is home. If you do not get it, you can sue in small claims when the courts re-open for it.

George E. Patsis
George E. Patsis
PREMIUM
Answered
  • Lindenhurst, NY
  • Licensed in New York

A: Call you credit card company and explain the situation. They should be able to process a charge-back.

You can also file a complaint with the New York State Department of State, Division of Licensing. This is a serious violation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.