Legal question re: apartment lease application and deposit

[drewc]

So a friend found an apartment she wanted, met on Friday with the landlord, wrote a check for $750 and picked up the rental application. On Monday she electronically signed the application, but today had second thoughts and doesn't want the place. I don't know what transpired between applicant and landlord this morning, if anything, but she had her bank put a stop pay on the deposit check.

Later this afternoon the landlord told the applicant that her deposit was now valid consideration for the not-yet-signed lease and advised the applicant he was going to pursue recovery in court. Applicant never signed a lease and doesn't want the apartment.

What troubles me is this language in the application, which she did sign:

This application must be signed by all adults who will occupy the apartment before it can be considered by Landlord. Acceptance of this application and any monies deposited herewith, is not binding until approved by Landlord. If approved, all monies deposited with this application will be held by Landlord.

By signing, the applicant recognizes that the Landlord or his agent may investigate the information supplied by the applicant and full disclosure of pertinent facts may be made to the Landlord. The Landlord may also require a credit report from a credit reporting agency and by signing the applicant(s) authorizes this.

Does "acceptance" whatever that means, constitute an offer for which applicant's $750 is now valid consideration? Can the landlord just decide he'll rent the place to her, though before actually communicating this to her she has her own change of heart and backs out first? What if she told the landlord she just changed her mind, and without formally offering it to her he just said "well I'm still keeping your check"?

This is New York State by the way.

At what point is this application an enforceable contract?