I've started signing leases right away instead of just getting the non-refundable retainer to hold the apartment.

Please don't perpetuate this erroneous definition.To be a good operator, you provide a safe, clean, sanitary, well-maintained property at affordable rents, AND you screen and only retain tenants who abide by your rules and treat the property and neighbors respectfully.

the filing to get the two or three permits, like motel permit and short rate stay permits is not the issue, they want us not to take any renters until this is obtained that is the killer here. we have retained an attorney and are hoping they understand that this is a busienss and will suffer hardship if we stop the renting till permits and licenses are issued'

Some sales contracts have a statement that says they can only retain the deposit towards damages.

I’ve retained the property as my primary residence for two years to avoid the capItal gains tax and am getting ready to list.

@Patrick Liska, Yes the Delaware Statutory Trust and TIC (Tenant In Common) are both used as 1031 exit strategies to consolidate and move into passive ownership while retaining tax deferral. 

If you don't already have an attorney, check out the credentials and reputation of any attorney you plan to retain for this purpose to be sure they know their stuff.

Just muscle flexing from tiny souls.

Figure a retainer in the $3K-5K range.

I could build a parking space in front of the house if I do a retaining wall too.