Legal Question in Civil Litigation in Virginia
I(roomate 1) was living in a house with two other roomates. One roomate(roomate 3) was unable to come up with the funds for rent/bills on multiple ocasions leaving the remainder of the balance to be paid by roomate 2 and roomate 3. At one point when roomate 3 was indebted to roomates 1 and 2 for $950 roomate 1 and 2 had roomate 3 sign a document that stating they forfeited their total of the security deposit ($1000) to rooamtes 1 and 2. This document was shown to the property manager and was deemed to be acceptable. At the end of the lease roomate 3 was totally indebted to roomates 1 and 2 for the total of $1450 without signs of repayment. Roomates 1 and 2 were willing to forget the extra money in hopes of the security deposit making the difference. After deductions of $1400($850 due to damages from roomate 3) and the rest to cleaning and inspections. Roomate 3 told the property manager they wanted their share of the deposit and that the document did not legal bind roomate 3. The property manager has stated they do not want to get in the middle and are going to release the remainder of the secuirity deposit to a civil court interpreter unless roomates 1 and 2 would release the remainder of the deposit to be split three ways. What should roomates 1 and 2 do?
1 Answer from Attorneys
The agreement described as agreed to by roommate 3 to forfeit his claim to the security deposit sounds valid and enforceable, and therefore roommates 1 and 2 should stick with it if they want what's due them from this particular deposit.
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