Can a landlord keep a security deposit when a lease was never signed?

UPDATED: Jun 10, 2009

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Can a landlord keep a security deposit when a lease was never signed?

I gave a security deposit for an apartment on June 4th that I would be moving into on July 1st. On June 7th I found out I wouldn’t be able to take the apartment and called the landlord to inform her, and she now is unwilling to refund my deposit.

Asked on June 10, 2009 under Real Estate Law, New York


David Hamilton / Dwyer & Associates

Answered 13 years ago | Contributor

No. You can file a case in small claims court to get this back if the landlord won't return the fee. This is assuming you didn't sign a lease, or move in.

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