Legal Question in Landlord & Tenant Law in New Jersey

Deposit Paid with Rent Application

A potential tenant signed and submitted an application form with a paragraph that specifically says that if he is approved the deposit becomes non-refundable. He was approved but canceled the check before I was able to deposit it. Did he commit a felony by providing a bad check?

The same tenant then called and said that he changed his mind and wants the apartment after all. He paid another check and then, two weeks later changed his mind and refused to sign a lease and take the apartment.

It took me 45 days to rent out the place again while originally, when he was approved, I sent back two other very qualified potential tenants. He now demands his money back. What are my options? Can I go after the money lost while the place was vacant?


Asked on 12/07/07, 11:17 pm

1 Answer from Attorneys

Bruce Gudin Ehrlich, Petriello, Gudin & Plaza Esqs.

Re: Deposit Paid with Rent Application

stopping the check is not a felony. since no lease was signed you have no right to the deposit and you will likely lose if you sue to recover damages for the time lost in trying to rent. sorry. save time and move on.

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Answered on 12/08/07, 5:42 pm


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