holding fees

[Vince Greenland]

we historically ask for a holding fee when a prospective tenant wants to rent an apartment.  We give them a receipt that states the deposit is non-refundable.

We then hold the apartment until the tenant moves in and the deposit rolls to their security deposit. Has anyone been challenged on this. It seems pretty clear we should be OK however you never know how a judge may rule.

We just had a person back out and is demanding her deposit back. This particular complex was just purchased and had a high vacancy rate. We took over and began remodeling.  The units have been going fast and we have a waiting list and have been adjusting our remodels based on which one has a deposit.

We have met the demands regarding when will be ready, but she doesnt want it now. We feel the deposit should not be returned.Thoughts?