On February I put an add the newspaper to rent an apartment. This person went to see it and wanted it. But asked me if I could hold apartment for a month because he needed to give a month notice to his landlord. I agreed and received a $500 deposit to hold the apartment at the beginning March (rent was $875 per month). I was to give possession to the apartment on April 1st. On the 18th of March, tenant gave me rest of deposit ($375) and wanted keys to start moving his belongnings into apartment. At this point apartment was not ready and tenant knew this. Gave tenant keys and they started cleaning and moved belongings into apartment. On the 23rd tenant decided they didn't want the apartment and wanted their deposit back. I decided to give them back the $375 (never cashed check) but not the $500 because now I lost to rent the apartment March and now until I rent it again it would be another month. Am I correct, do I have to give back the entire deposit? I live in NY.
Your comments will be appreciated
Thank you
:confused: :mad:

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Originally Posted by sandrapatino

On February I put an add in the newspaper to rent an apartment. This person went to see it and wanted it. But asked me if I could hold apartment for a month because he needed to give a month notice to his landlord. I agreed and received a $500 deposit to hold the apartment at the begining March (rent was $875 per month). I was to give possession to the apartment on April 1st. On the 18th of March, tenant gave me rest of deposit ($375) and wanted keys to start moving his belongnings into apartment. At this point apartment was not ready and tenant knew this. Gave tenant keys and they started cleaning and moved belongings into apartment. On the 23rd tenant decided they didn't want the apartment and wanted their deposit back. I decided to give them back the $375 (never cashed check) but not the $500 because now I lost to rent the apartment March and now until I rent it again it would be another month. Am I correct, do I have to give back the entire deposit? I live in NY.
Your comments will be appreciated
Thank you
:confused: :mad:

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Tet

What you should have received done was not hold something without some fee, since you lost a months rent.

But doing it, you should have received a retainer to hold the department for rental. So once they moved in, they owed you the first month rent, and to move out they would have to give a 30 day notice. So they owe you one months rent, and after they pay the rent would get their full deposit back