Depsit Kept And I Didnt Rent

[SHRHSY]

What is the name of your state? VIRGINIA


I ANSWERED AN ADD IN THE PAPER AND WENT AND VIEWED A HOUSE FOR RENT, I REALLY LIKED IT BUT I TOLD HER I HAD TO SHOW IT TO MY HUSBAND FIRST, SHE TOLD ME THAT SHE NEEDED DEPOSIT THAT DAY , SO I GAVE HER A CHECK FOR $400 TOLD HER ID TALK TO MY HUSBAND AND CALL HER THAT EVENING , SHE TURNED SERVAL PEOPLE AWAY THAT WANTED TO VIEW THE HOUSE TOLD THEM IT WAS ALREADY RENTED, I TALKED TO MY HUSBAND HE SAID HE DIDNT WANT TO MOVE , SO I CALLED HER AT 5 PM AND TOLD HER, THAT WE DIDN'T WANT IT AND I WANTED TO GET MY CHECK BACK , SHE CALLED AT 8 PM TOLD MY HUSBAND SHED HAVE TO KEEP $50 OF IT TO RERUN THE NEWSPAPER AD AND THAT SHED GIVE US $350 ON FRIDAY, SO WE AGREED WE THOUGHT IT WAS ONLY FAIR, SO , FRIDAY COMES AND NOTHING, I CALLED HER SHE SAID WAIT TIL SUNAY SHED GIVE ME AT LEAST $200 THEN AND THEN WHEN SHE GOT ANOTHER RENTER THE OTHER $150 , SO I AGREED AGAIN , WELL SUNDAY CAME AND NOTHING , SO I CALLED HER, SHE SAID SHES ONLY GIVING ME $200 CAUSE SHE HAD IT OFF THE MARKET FOR A WEEK AND THAT WAS A WEEKS WORTH OF RENT SHE LOST BECAUSE THE PERSON SHE WAS WAITING FOR A DEPOSIT FROM BACKED OUT ON HER , SO NOW SHES GOT TO HAVE IT OFF THE MARKET FOR ANOTHER WEEK, AND IF I HAD A PROBLEM WITH IT TO TAKE HER TO COURT, SHES NUTS RIGHT?? AND THE THING IS SHE THINKS HER **** DONT STINK CAUSE HER BOYFRIEND SHE LIVES WITH IS AN ATTORNEY , SO I KNOW THAT IF I TAKE HER TO COURT, HES GONNA BE THERE TO DEFEND HER , WHAT DO I DO ??

 

[BL]

QUIT SHOUTING !!!!!!!

 

[everafter]

Did you sign a lease? Did you sign any kind of agreement? What did you agree to when you gave her that deposit and who was there?
From my experience renting, deposits are usually damage deposits, given once you sign a lease. But it sounds like you gave her a deposit with a promise to rent the place, or at least pull it off the market until you gave her an answer. I think her point of view is that since she turned people away while waiting on you, you have to pay until she can rerun the add. In essence you pulled it off the market and have to pay until she can get it back out and advertised. I'm pretty sure that if you break a lease, you have to pay for some time for them to re-rent it, but I'm not sure how it would swing in your case, without a lease.
I'm not a lawyer, but the other angle you might consider is that if you didn't make a long-term rental agreement, you should not be held liable once you notified her that you didn't want it. Depending on the agreement you made and what the check was for, I'm guessing there's a chance she will be able to keep a prorated amount up to the time you released her to rent to someone else, as well as the time to re-run the add. But she kind of lured you into paying for a week, which is kind of crappy.
I'm not sure what would hold water legally, but if it were me, I would try to establish that you told her you didn't want it the first night, and at the very least, stop her from taking more of your money. Maybe give her a letter, telling her you don't want the place and that you told her that on the phone the first day. Then see what she does and decide what's next. I'm sure someone else will eventually reply to you that has more of a legal background than I do.