Tenant to be put a stop payment on their security deposit check..

[James Slocum]

I recently signed a lease with a local university student about 30 days ago.  Then I received a phone call today from his father informing me that his son was not going to live there even though I got a text message from the son about 5 days before about how excited he was to live there.  The father indicated a problem with the crime in the neighborhood which has crime statistics in line with the rest of our city.    I rented him the apartment during the big push for renting for the following semester and am now in fear that I can not get it rented to someone else.  The tenant is not answering my calls or returning calls or emails.  The lease does not actually start until June but he was required to pay last months rent and security upfront.  

Is it a crime in New York State to put a stop payment on a check for a security deposit if you change your mind?  He signed the lease and was mailing the check.  The lease had been signed for about 25 days and I had the check for about 15 days.  Will the police help?  

I do not have a current address locally, only one from "home" about 3 hours away so small claims would be difficult unless I can eventually find out where he ends up living next year.

The lease clearly states that the security deposit is lost if he does not live out the term of the lease at the property.  This includes subletting.  

I had emailed him the lease because he was a young man so he could forward it to his parents.

The property itself is top of the line and the crime they referenced is consistant with the rest of the city.

The majority of the housing stock in this city is from the early 1900's.  Its not the first time a parent has come into town to visit and driven by the apartment their child has rented for the upcoming semester and gotten a little culture shock but I they usually offer some sort of buy out.  This guy just put a stop payment on the check and went silent!

Thanks for your help!

[Jeff Gates]

Folks don't take a personal check for security deposits.  Only cashiers checks. People are flaky and can inflict damage on a landlord.