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Kendell Rodn…, Real Estate Pro in Brooklyn, NY

Security Deposit? If a potential tenant left a deposit for an apartment but never signed the lease and never moved in, can he get his deposit back?

Asked by Kendell Rodney, Brooklyn, NY Mon Nov 26, 2012

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In that case, I have had situations like that happen, and the tenant may just be out of the deposit. The deposit was a promise to take the apartment, when they pull back, they should have the understanding that they may have to forfeit. I think the landlord should meet him half way and return half.
0 votes Thank Flag Link Tue Nov 27, 2012
There was no agreement, no lease signing, just a receipt for payment. The landlord held the apartment for a full month expecting a move in date for the 1st but the tenant was not available at the time. he kept in contact and said he will still take the apartment once he gets back in town. when he returned (in the middle of the month) he said he no longer wants it. The landlord will not return the deposit cause she feel the apartment could have been rented by someone else and its a lost of income for her.
0 votes Thank Flag Link Tue Nov 27, 2012
It depends on the agreement made when the deposit was given. Some applications outline percentages that are kept in this event, or some state no return. It really depends on what was agreed on paper.

Tatiana Davis
Davis & Associates
0 votes Thank Flag Link Tue Nov 27, 2012
That is a legal question and should be addressed by an attorney. The answer can differ on a case by case basis as well.
0 votes Thank Flag Link Mon Nov 26, 2012
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