If you haven't already consulted both a Criminal Defense attorney and a Landlord/Tenant attorney, I would highly recommend doing so.

Knowing a tenant before they moves in by checking their background and references is your best defense.  

It's a sad story, but they are unable to let go of the drama and that lifestyle at least 9 times out of 10.So, she may be getting out of her lease with you, too, based on domestic violence, and then using that as her defense to eviction - again.  

Very good practical points (and strong defense to any claim the tenant may make against you during the lease). 

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.  

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?

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.  

A defense to eviction in PA is if the landlord accepts partial rent. 

In any eviction proceeding, if judgment is for the tenant on the basis of any of the above defenses, the court may order the landlord to pay reasonable attorney's fees and court costs for the tenant (Section 9-10(c)). - See more at: http://www.peoples-law.org/special-laws-rules-balt...Your version of how hot it is doesn't matter.