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put deposit on apt. but denied apt. afterward

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My wife and I found an apartment we loved and put a deposit on it so that the agent would take it off the market while we were being approved. We also paid a $50 application fee. The landlord approved us, and offered us another apartmentment if we can wait a month, but gave the apartment we were interested in to someone he knew. Is this legal considering we put down a deposit? Can we at least get our application fee back since the apartment wasn’t even technically on the market? This is in New York City.

Thanks!

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Edited on: Friday, August 12th, 2011 10:22 am
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