Broadway, VA asked in Landlord - Tenant for Virginia

Q: What should i do in this situation.

We have rented the house we live in since 2014. Every thing went well no issues fast forward to 2020 and a guy came to our house stating he had owned the house since 2018. He got it at auction because the previous owner had failed to pay property taxes from 2016 on. To make a long story short they got in there own legal battle and the previous owner got the property back just this week. While this was going on we were told to just hold our rent money which we did. We were just expected to save it in our own account. Now the previous owner wants it all which is fine. I feel like there should have been something legal set up with us or an account for us to put that money in vs us saving it and if they wanted money from us we should have been involved in some way. Now the new owner has messaged us wanting the money to pay the other guy because that was part of the agreement they came to. Should i just give the money or what? They came to agreement that we are part of without knowing

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1 Lawyer Answer

A: First, I congratulate you for saving the money until the mess was straightened out. I've seen too many instances that wasn't done. The only change to that is I'd have suggested you open a special savings account and put your rent into it each month - if you ever had to prove your good faith to a judge that would be a slam dunk.

If both your original landlord and the guy who bought it at the tax sale will sign a letter of instruction to you saying how to pay the money you should be covered. My guess is they had lawyers involved and one of them can write the letter. Bonus points if signatures are notarized, but it isn't necessary.

You can also ask if you can put both names on the check - then they can both endorse the check and divide the money however they want.

Finally, you might want to consult a landlord-tenant lawyer in your area for advice. there is a procedure where you pay the money to the court and a judge decides who gets what.

Good luck.

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