Can a landlord keep your 1st months rent if you do not move into his/her apartment?

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SweetMorningDew

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Hello, I was going to move to buffalo, ny. I called an ad for an apartment for rent, I called the landlord and he said for me to send the security deposit and 1st month's rent, so I sent it certified the same day i talk to him. I called him two days later to explain that I could not take the apartment due to a family illness, he said no problem. He said that when he received my bank certified check in the mail he would send me the whole amount back of 1090.00. I sent the check to him on monday he received it on thursday. I called him and asked if he sent the check back to me he replied I sent you back your security deposit of 545.00. and if I rent the apartment by the 1st of the month I will send you the other 545.00. But if he doesnt rent the apartment out he is keeping the 545.00. I replied I didnt sign a lease or move anything into that apartment. He said by law he can keep the 545.00. I was supposed to sign a lease when I moved in on August 1st. Can he legally keep half of my money if I didnt sign a lease?
 
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