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!

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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
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.

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