THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Saturday, September 9, 1995 TAG: 9509070359
SECTION: REAL ESTATE WEEKLY PAGE: 34 EDITION: FINAL
COLUMN: LANDLORDS & TENANTS
SOURCE: BY WILLIAM MAZEL, SPECIAL TO REAL ESTATE WEEKLY
LENGTH: Medium: 62 lines
My husband and I signed a lease in May 1993 to run from June 1993 to June 1994. We put down a $600 deposit and had an option to buy at the end of the lease.
This was a house we wanted to buy but we did not have a down payment. So we figured we would have the required money by the end of the lease. Ordinarily, this would not have been a problem, but after a few months into the lease I had major surgery.
It was unexpected and required a week's stay in the hospital plus four weeks at home to recuperate. I lost six weeks in wages. During this time we had to use our savings to pay for utilities, rent, food and medical expenses. It was devastating. When the lease was up, we asked for and got a six-month extension.
It may as well have been six years. We were unable to save any money and after trying several financial institutions, we were told we did not qualify for a mortgage.
The owners of the house informed us that they wanted to put the house immediately back on the market but we could stay there until the house was sold. However, since it was extremely difficult having people in and out and enduring the uncertainty of how long it would take to sell, we decided to move.
Now the owners refuse to sign the release for our deposit. They have since moved to Florida and the real estate company says it cannot return our money without their signatures. They told the agent ``they didn't want the money or need it, but they did not want us to have it either.''
The house has sold at their asking price and we had left it in immaculate condition. We also had paid for the carpeting, wallpaper and a new garbage disposal. Other items were left in the house by us, including window blinds and mirrors.
The agent has moved out of the country, the former owners are out of state and the manager of the agency says there is nothing he can do without their signatures.
Can we do anything to get our deposit back? We can really use the money. This money was ours and still is.
It appears that your only recourse is to file suit against the owner of the house and the real estate agent. Your circumstances do not seem to indicate that you were in breach of your contract, the agent has the money and the owner is out of state; therefore, you should go to the Civil Division of the General Court in your city and explain all the details.
You will probably have to proceed under what is known as the ``long arm statute.'' If you have the address of your landlord in Florida, the clerk of the court can help you have notice served.
If you are able to obtain a judgment against the landlord and the agent has the money, the court will order the agent to deliver the money to you. I have a feeling that if you institute suit, you will receive the refund of your deposit. MEMO: William Mazel is a retired lawyer. Send comments and questions to him at
Real Estate Weekly, 150 W. Brambleton Ave., Norfolk, Va. 23510. by CNB