Legal Question in Landlord & Tenant Law in Virginia

Taking Landlord to court for return of deposit
We rented a house for 8 years. After the first year we continued on month to month. When we moved out, we had tried to contact landlord and/or agent for a walk thru which we never received. After 90 days, we requested return of deposit in writing since we had heard nothing from landlord. He returned a response with all sorts of outrageous charges that he can't possibly support. We have filed in district court, filed our Bill of Particulars and received Grounds of Defense. (He has retained a lawyer, I can't really afford one but may have to get one.) They named a number of defenses, but I can only see a problem with one. This is where question is. They list Failure to Name all the Parties. I only listed one name of a husband and wife. Both are listed on lease, but I never received signed copy and was instructed by agent to make checks out to him and deposit to his account by agent. Since I never made a check out to any other than the one party, will this hurt my case?

Asked on 10/01/03, 9:53 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Taking Landlord to court for return of deposit

Failure to name all the parties is

not a defense applicable to a charge of failure to return the required amount of a tenant's security deposit.

Answered on 10/01/03, 11:30 pm

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