Legal Question in Landlord & Tenant Law in Virginia

Can a landlord collect a "nonrefundable security deposit"? I made a $500 deposit for a room in Arlington VA but decided 2 days later the rent was higher than I can afford. I immediately notified the landlord. I had signed a receipt at the time indicating that the security deposit would be lost if I failed to take up move in in about 2 weeks time. I also received the key, but the room was occupied until the expected move-in date.
Now the landlord argues that I forfeited my deposit. But it seems from the VRLTA that I had made an "application deposit" which, by law, must be returned to the tenant. I never took possession of the room. I am under impression the law supercedes any signed receipt. I also found other tenants for the landlord but he has done nothing. He even indicates now that he cannot trust me and thus cannot lease me the room.
Can I get my deposit back? Please help!!

Asked on 2/04/11, 8:28 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, you should be able to under the facts described. Sue the landlord, if

necessary, in Arlington County small claims court to make it happen.

Answered on 4/25/11, 9:10 am

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