Security deposit back?

[Leticia Pedroso]

Hi, I need some advice please and hope you could help me. I paid a security deposit in December to hold a 2-bedroom private entrance basement during the month of January and move in date on February 1st and then would pay the 1st month rent starting that date. The landlord did say in our conversation in person that she wouldn't return the money in case I give up on the place though. No agreement or contract was signed during this process, it would be signed on the first day of the move in. However, I sent the landlord a message today to check in and make sure that everything was ok, however she said that the current tenant has been giving her a hard time to move out and that he has been smoking inside the place. I have rhinitis and absolutely can’t deal with any strong smells, especially smoke. The basement barely has vents, all hopper windows are kept closed during the day and it can’t really get any fresh air coming from outside. I got very disappointed with the fact that I’ll have to deal with the smell and am afraid it is a threat to my health. Am I able to request for the security deposit to be refunded to me? What arguments can I use? Should I take it to court if anything?