I provided a $100.00 holding fee and signed a holding fee document (rental agreement) form on 3-31-08. The leasing agent said all paperwork (not a rental lease) and payments had to be done at that time but never showed me the apartment or even offered to show it to me. I sent an email on 4-01-08 and called the Assistant Manager on 4-02-08 after not receiving a reply to my 4-01-08 request to see the unit. I spoke to the Assistant Manager the morning of 4-02-08 (within the 72-hour time frame) and told her I wanted to see the apartment first as it would not be wise to rent an apartment without seeing it first. I stated, and I quote, "it would be like buying a car without test driving it first". She agreed and told me she would contact the current tenant. I informed her mid month that I was not going to be able to make a move at the time. I asked for my $100 back but was told I didn't cancel the rental agreement within the 72 hours! I called her on 04-02-08 and told her I would not rent it without seeing it and now they won't return my holding fee. Please advise!

When were you suppose to be moving in?
Maybe tell them on second thought you will move in and if they give you excuses then it is on them for preventing you from moving in on the agreed date.
Not exactly sure of all your circumstances but that might work.

I provided a $100.00 holding fee and signed a holding fee document (rental agreement) form on 3-31-08. The leasing agent said all paperwork (not a rental lease) and payments had to be done at that time but never showed me the apartment or even offered to show it to me. I sent an email on 4-01-08 and called the Assistant Manager on 4-02-08 after not receiving a reply to my 4-01-08 request to see the unit. I spoke to the Assistant Manager the morning of 4-02-08 (within the 72-hour time frame) and told her I wanted to see the apartment first as it would not be wise to rent an apartment without seeing it first. I stated, and I quote, "it would be like buying a car without test driving it first". She agreed and told me she would contact the current tenant. I informed her mid month that I was not going to be able to make a move at the time. I asked for my $100 back but was told I didn't cancel the rental agreement within the 72 hours! I called her on 04-02-08 and told her I would not rent it without seeing it and now they won't return my holding fee. Please advise!


I think it's fortunate you only put down $100 - the leasing agent is going to take the position (I would think) that you did not cancel within 72 hours and she lost X number of days when she could have been showing the apartment. She is probably also counting on you not going to Small Claims Court for $100 - and I don't know that you would win. In NYS the "holding fee" is the same as a deposit and it is forfeited if the deal does not go through.

Why did you put down a deposit when you hadn't seen the apartment?