A prospective tenant spoke with a leasing agent about a specific apartment listing. The leasing agent took an application fee for the landlord, and submitted the fee to the landlord. The landlord approved the application, but it turns out that the specific apartment had been rented four days before the agent took the fee, and the agent knew that the apartment was not available. The landlord says that the fee is nonrefundable, and won't return any money. How can the prospective tenant get a refund of the fee under Virginia law?

