Are emails a proof?

[nancyred]

Hi there,

I am a subleaser with no contract or agreement in NYC. I'm leaving the apartment (the lease holder told me to leave with writen notice) but I'm scared that he will not give me the deposit back. I have tried to negotiate with him, but he says that he will give it back to me within 30 days. I have no proof that I paid him a deposit apart from some emails where he states that "i will give you the deposit within 30 days" and things like that. For my part, I always state the exact amount of the deposit on my emails (1000 dollars) so that it can work as a proof in case I have to sue him. Is this enough of a proof in small claims court?
Thank you so much,

Nancy.

 

[FlaRiptide]

Nancy,

Are you saying that you gave a $1,000 cash security deposit and got not receipt?

If all you have are emails from the landlord acknowledging the deposit, that is better than nothing. Yet only the judge/court will determine if it is sufficient or not.

Personally I think it would be a long-shot to win, hopefully you won't have to sue.

 

[nancyred]

Thanks for your answer, FlaRiptide. Yes, I know. If something good, at least I have learnt to always get a receipt for everything...
But does anybody know if the emails can be considered a proof for sure?

 

[FlaRiptide]

Nancy,

Till someone with more credentials than I speaks up, let me say this...

Most anything can be considered as proof, though what is accepted as proof is up to the judge. There are too many variables to give a precise guarantee to your question.

 

[army judge]

What you have is better than nothing.

Not much better, albeit a little better.

Let's hope you get the money without a court battle.

The next time, don't pay anyone unless they provide you with a signed and dated receipt.

All legitimate people are happy to give you such a receipt.

Then you'll have real proof.




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