Asked in Landlord - Tenant and Real Estate Law for Virginia

Q: Sued Landlords and Real Estate Company in Small Claims Court

My husband and I sued the landlords and Real Estate management company in small claims court over our security deposit. However, the Real Estate Management company filed a Notice to Dismiss our suit against them, leaving just the landlords on the lawsuit. They stated that the lease agreement is between us and the landlords so they should be excluded. Should we/how do we make sure they are part of the original lawsuit? Do we need a lawyer for the Notice of Dismissal court case?

2 Lawyer Answers
Richard Sternberg
Richard Sternberg
Answered
  • Potomac, MD
  • Licensed in Virginia

A: If you have a written contract with the management company, then you can probably keep them in the case. Plead the contract. If the management company works as an agent for the landlord and not for you, then you lack privity with them. In other words, your agreement is with the landlord, and if the landlord didn't withhold your deposit with proper cause, the landlord will lose. If the landlord gave the money to their agent who won't give it back, then the landlord can sue their agent. That would be called an impleader if it happens in the same case. But, you have no relationship that the law acknowledges -- also known as privity -- with that management company. If that's the case, you should save yourself time in court and consent to their dismissal. If you don't understand, you might try a brief hour or half hour consult with a lawyer who does landlord-tenant work in your county or city. Many Virginia counties have free or reduced rate services for landlord-tenant matters or have a local agency that regulates residential landlord-tenant relations. You might try them.

F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: Without reviewing your documents, such as the Lease Agreement, and the lawsuit you filed, it would be unwise to surmise who are the proper parties to a lawsuit. In almost all proceedings before a Court, the parties should have a lawyer and to do otherwise will hold you to the same rules of procedure and evidence as a trained lawyer.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.