But, don't take my word for it, I've only been involved in one personal defense shooting where someone that was unwelcomed forced their way into a home. 

For example, their response to some clarification that I requested seemed defensive.  

In Sue's defense, Chris, you never mentioned the $70k balloon note at the end of term. 

There are too many bad lawyers out there and your first line of defense is to be familiar with the law.

Nonpayment of rent is not a defense for anyone including handicapped people.

If their lawyer thinks the charges are excessive or invalid they may present that in their defense on the court date.

Granted the address of parent and lawyer is affluent Westchester NY town, but still, I went to the defense of her son 2 or 3 times and then she wants to sue me for second hand smoke or particulates in the air after they stopped smoking.  

Like it or not, a landlord is considered to be a professional, and therefore not capable of using the "I didn't know better" legal defense.

I call it the "reasonable" defense.  

And now you're saying that your defense would be, that even if you couldn't show any actual out-of-pocket losses due to the tenant not moving in, that you could convince a judge that you might have missed a tenant who was willing to pay you some abnormal above-market rate for the unit, therefore you should be able to keep the holding fee, even if you can't show any actual out-of-pocket losses?