Can I get the $300 deposit to secure an apt back?

Question

I just secured an apt today. However, I was told to place $300 down to take the apt off the market. this is in NYC. they said they need to do a credit check first which takes a few days. If it doesn't approve I get $250 back minus $50 for credit check charge. But if it approves it goes towards the rest of the deposit. Now I want it back because I can't move in cos of an emergency from my end. do you think they can give me back my deposit?TX

I don't need the $50 for the credit check but I do want the $250 back. I know a couple of years back I backed out of the same situation cos I had second thoughts about a previous apt in Brooklyn. The agent gave me the money back minus the credit check even tho my credit was approved that time. I don't know if it's the company policy to give it back or the NY state law. So once the credit check has been approved can I get it back?

I don't need the $50 for the credit check but I do want the $250 back. I know a couple of years back I backed out of the same situation cos I had second thoughts about a previous apt in Brooklyn. The agent gave me the money back minus the credit check even tho my credit was approved that time. I don't know if it's the company policy to give it back or the NY state law or any law saying I can get it back. So once the credit check has been approved can I get it back?

Answer 1

Um.. Why don't you ask them?

You should be able to get it all back if they haven't done a credit check yet, otherwise you'll get the $250.

Answer 2

Call the landlord or manager back ASAP. If you just secured it today, your chances to get the whole $300 back will be higher than waiting a day or two - especially because you knew upon giving the $$ over that they would hold back $50 as a credit check charge. On the other hand, it seems highly unethical to be charging so much for a credit check - those things only cost about $20 at most.

Answer 3

I know if I had a prospective tenant do that to me I would be able to keep the deposit - but I am in Ohio. However, if taken to court I would have to prove that I lost rent due to then prospective tenant backing out.

Answer 4

The landlord may keep the deposit, since you asked him/her to take the property off the market. However, I would contact them immediately, before any more time has elapsed to inform them of your situation. They MAY give it back, if they're understanding and decent. However, if they decide to keep it, you probably have no recourse.

Answer 5

yer out the 50