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LawTalk, Attorney
Category: Legal
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Experience:  I am a practicing attorney with more than 30 years of experience in the legal field.
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I am a Manassas resident of State of. I applied to rent an

Customer Question

I am a Manassas resident of State of Virginia. I applied to rent an apartment at TGM Sudley Crossing, Manassas Virginia on 2/6/16 . On 2/10/16 I received the "TGM Welcome Information" through email. My moving in date was suppose to be on April 16,2016, and that begins the lease and be for 12 months
and 15 days. However, on the 11th, I informed Faraz on line of the leasing associate, that I'm cancelling my application. After few days , I was informed that my security deposit is forfeited because it's over the grace period of 72 hours since filing my apllication. On the apllication it was written that the security of $300 is deductible but not the application fee of $50.00 Upon my submission of my application i paid the amount of $350 in two separate checks. One was $50.00 for application fee and the other check was $300. I stop my check payment in my bank, becauze at that time it was not cashed yet. I received an email lately from the business manager of TGM Apartments asking me to pay the $300 bCk within 7 days or else they will put me on their collection agency. My question is , Am i legally liable to pay them the security deposit back even if i have not signed a lease? At the time of application it was mentioned to me that security deposit is refundible but never told me that it could be forfetied in over 72 hours.., nor have i read it.
Submitted: 9 months ago.
Category: Legal
Expert:  LawTalk replied 9 months ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

So long as you were never told that there was a 72 hour limitation on the refundability of the deposit, and nothing was given in writing to you to suggest that the 72 hours was a limitation---and you never signed the lease, then your security deposit is refundable. You do not appear to owe the money.

Under the law, a security deposit is for the payment of unpaid rent or damage to the unit you rent. As there was never a release you are entitled to the money back.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. Please be so kind as to rate my service to you. That is the only way I am credited for assisting you.

I wish you and yours the best in 2016,

Doug

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