Re: Holding Apartment Question - Landlord Forum thread

Re: Holding Apartment Question by OK-LL on November 6, 2009 @11:21

If the final identity of a fund (HF) is SD, the judge may determine that it was initially a (refundable) SD and therefore not subject to being a non-refundable fee (remember, as we see every day, judges exercise broad discretion in small claims decisions). If the final disposition of a fund (HF) is (non-refundable) rent, then it is more likely a judge will determine that the fund was never intended to be refundable ever.

The difference is converting a non-refundable fee to a refundable SD; instead just convert the non-refundable fee to a non-refundable other use, like rent.

It'll probably rarely come up, because you've explained clearly to the prospect that the holding fee is non-refundable, but if it does, you'll have one more arrow in your arsenal to defeat the argument that the HF should be refunded.

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