Landlord Must Return $900 Deposit Toward Future Rent

April 1, 1997

LVT Number: 11412

Prospective tenant sued landlord for return of her $990 deposit after she was unable to rent an apartment. A lease had been discussed, and landlord had asked applicant for the first month's rent and security deposit. No lease was signed, and two months later tenant told landlord that she couldn't afford the apartment. The court ruled for tenant. An ``agreement to agree'' to a future contract wasn't binding since the terms weren't specific enough.

Prospective tenant sued landlord for return of her $990 deposit after she was unable to rent an apartment. A lease had been discussed, and landlord had asked applicant for the first month's rent and security deposit. No lease was signed, and two months later tenant told landlord that she couldn't afford the apartment. The court ruled for tenant. An ``agreement to agree'' to a future contract wasn't binding since the terms weren't specific enough. Landlord also didn't show that it protected itself from loss by seeking other tenants when it became apparent that applicant wasn't going to rent.

Villaronga v. Birch Brook Manor, Inc.: NYLJ, p. 34, col. 5 (3/26/97) (Just. Ct. Ossining; Shapiro, J)

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