Can the landlord keep your security deposit if you have not signed a lease yet?

Asked by Kristen, West Seneca, NY Sun Aug 17, 2008

We found an apartment that we liked but due to differences we can not agree on who gets what room. We had to give a security deposit to hold it. We do not move in till Oct. 1st and we have yet to sign the lease.

Help the community by answering this question:

+ web reference
Web reference:


Scott Godzyk, Agent, Manchester, NH
Mon Aug 18, 2008
It depends on if you signed any type of agreement when paying him a deposit. was it a deposit for rent or a deposit towards teh security deposit. it depends what the receipt says. he just can not keep a security deposit, state laws dictate on how a deposit can be kept and how and when it has to be given back and usually with 30 days. If you do not take it, request your deposit back in writing, if in 30 days he doesnt return it you will have to go and file a civil suit against him in your district court. If you havent signed an agreement, then what he wrote on teh recipt will be key.
Web Reference:
0 votes
Pascual Paul…, Agent, Bronx, NY
Mon Aug 18, 2008
If the understanding was that they would hold the apartment for you, with the understanding that they would stop looking for other renters, then I suppose they could. Speak to a lawyer.
Web Reference:
0 votes
Dallas Texas, Agent, Dallas, TN
Sun Aug 17, 2008
You need to have the lease signed in order contractual agreement between landlord and tenants, they could lease the apartment I would address these issues on Monday. Did they receipt the security deposit?
Web Reference:
0 votes
Search Advice
Ask our community a question

Email me when…

Learn more