Legal Question in Landlord & Tenant Law in New York

If a deposit was put down on an apartment rental, then at the last min the client changes their mind. Does the landlord have a right to keep the holding deposit? And if so where in the law does it say that?

Thank you.


Asked on 8/17/10, 5:09 pm

1 Answer from Attorneys
Carol Ryder Law Office of Carol Ryder PC

Yes. The deposit was for the landlord to take the rental off the market. Now, you have to start all over again advertising, and that costs. I don't know offhand where in the law this is but I know this law. Try Googling it. If she tries to sue you in sm claims court for the money, the judge will know the rule. I saw this exact case many times on court shows (the elliptical machines at my gym have their own tvs),

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Answered on 8/25/10, 3:30 am


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