Legal Question in Landlord & Tenant Law in Virginia
My landlord was in my apartment with my dog and my roommate showeing her how to change the water filter in the closet. I was not home at the time. My dog was apparently laying just outside the closet door and when the landlord stepped out my dog jumped. My roommate sayd she did not actually see the dog bite, just that she jumped and then the landlord jumped and claimed the dog had tried to bite him. He stepped outside to check his wounds and came back in saying that the skin was not broken but he was not sure if he was going to call the police. He had been in the apretment at least twice before while both of us were at leaving him alone with the dog, and no problem like this came about. Since then he has voluntarily put himself in close proximity when my dog was outside with me not on a leash and there has been no problem. This happened in Feb/Mar and now I am moving out. He and I have had many other issues and I am worried that he may use this as material to hold over my head so he does not have to return my deposit. I am in VA and my dog has never biten anyone before or since. Is there a statute of limitation on an alledged dog bite? Do I have a defense? Any help is most appreciated. Thank you so much.
1 Answer from Attorneys
Any statute of limitations for pursuing damages allegedly inflicted by
a dog bite would likely be subject to the standard two year statute in Virginia
for personal injury.
Furthermore, it would be highly unlikely(in my view) that your security
could be siezed by the landlord for this kind of claim and that it(the deposit) could only be applied for the kinds of claims specified in your lease. And, furthermore, that if this landlord wanted to pursue you for this dog bite claim, he would have to file a separate action aganinst you in civil court.