Legal Question in Real Estate Law in Virginia

I accepted a deposit of $850. for a duplex I own and drew up a rental contract stipulating $850. for the security deposit and $850. for the rent. The renter never paid the rent so I didn't release the keys. She is now suing me and my husband for 5,000 each for rental default in small claims court. I still have her security deposit which I planned to return; however, I'm unsure of whether I should wait until after the hearing. Was I in default or was the renter? I was told I have 45 days to return the deposit in Virginia. What am I legally responsible for and what are the chance I will lose this case? I was thinking I should countersue. Do I need an attorney?


Asked on 4/06/10, 10:31 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

If the tenants breached the lease by not paying, you have a claim against them. You should consider a counterclaim. A lawyer would be helpful, as landlord-tenant law is full of traps for the unwary.

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Answered on 4/11/10, 1:52 pm


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