How long does landlord have to send lease after deposit?

How long does landlord have to send lease after deposit?

New York City, NY · Member since 2012 · 77 posts · 11 votes

Hello all, I would appreciate some info here on how long a landlord has to get a tenant a lease prepared after they apply.

I'm a tenant. One month ago, I applied for and was approved for an apartment at a large apartment complex. I immediately paid the security deposit.

A few weeks ago, they said the "only thing left" was for them to send the section 8 form in (request for tenancy). This complex regularly accepts section 8 and is known for section 8. It's a large cheap apartment complex in a rougher area of town. I have spotless rental history- lived in the same house for 10+ years. I recently got approved for section 8 after a lot of personal tragedies so I am looking for a place that accepts section 8 as my current place cannot/will not (too pricey). I have a steady job and clean background record with multiple forms of ID and pay stubs. My credit score is good. My downfall is the section 8 voucher.

I contacted them this week and now they're saying they're waiting for an apartment to open, then they'll send in the section 8 request for tenancy. Their website has shown that they have 20+ apartment units available right now for weeks. 

Is it likely that 20+ apartments showing as available now for weeks on their website really need renos/repairs before a move-in? Is it more likely that this apartment is stalling me?

I want to believe that they really have no units available right now even though their website shows 20+ units available now, and hope that I still have a chance at getting an apartment with them. But, I feel like they're stalling me. I don't want to contact them too often and annoy them, but am also concerned. They said they should have units opening later this week and would contact me after. I'm trying to patiently wait, but am worried that they're stalling me with no intentions of ever letting me move in.

Does an apartment complex landlord have to refund my security deposit paid already if they don't send me a lease after a certain amount of time?  I'm trying to gauge whether I should continue to look for other possible places or not. Thanks for any information anyone is able to share, I appreciate it.

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  • Greg ScottPro Member
    Rental Property Investor · SE Michigan · Member since 2014 · 4k+ posts · 6k+ votes
    3y

    So, there isn't a burning question here but I'll try to answer the broader questions you have.

    Most apartment management software will try to pre-lease an apartment unit.  This sometimes creates problems for us if we think we can have a unit ready by a certain date but then a maintenance guy quits or replacement parts are suddenly on back-order.  That said, 20 units available is a lot.  The easiest way to find out is to pretend you have not already applied and call about availability.  Use a friends phone if you are worried they will recognize you.

    Yes, in every jurisdiction I know, a security deposit is YOURS unless they can claim damages, which would be pretty hard if you never lived there.  On the other hand, in the US, possession is 9/10ths of the law and honest people and honest business owners have been swindled by unethical business owners that grab cash and don't perform.  (As I write this, I'm worried my company won't get a large chunk of cash from another that legit owes us.)

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