Q: Is rent no refundable .. no lease or any kind of agreement was ever signed
Yesterday we gave 1200 security deposit and 1200 rent to move into a basement ... we never signed any type of lease all we did was fill out an application... We have not moved anything in or stayed in the place . We were gonna sign a lease on Sunday but my boyfriend was just offered a job out of state so we put a hold on moving and kindly asked to have the 2400 back since we never agreed on a move in date and never signed a lease ... the owner refuses.. is he right for this?
A:
Interesting. I guess it depends on whether you have a written contract, because the Statute of Frauds prohibits a contract for real estate that is oral from being binding. But, I know there is a case under DC law in which the signature on a check was deemed to be a signed contract. I don't think that applies in Virginia, but it is worth the research. Nevertheless, your answer is probably much simpler. Particularly if the property is in Fairfax, you need a credible lawyer to send a demand and threaten a referral to local landlord & tenant authorities. Possibly, you need a small claims case.
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