What is the name of your state (only U.S. law)? VA
I made a rental agreemnent with Tobac, LLC in Richmond, VA but refused tenancy when, upon move in, I found ceiling mold along with severely leaking ceilings caused by a defevtive roof. I advised the leasing agent, River City R E (owned jointly with Tobac, LLCX by Charles Armstrong), of this situation and my right to refuse tenancy under VA landlord-tennant law and requested the return of the money deposits I made (first and security). Mr. Armstrong refused to acknowledge my intents and said I should sue him which, after several other unsuccessful attempts to reason with him, I did.
I sued River City R E, as they were the principal contacts throughout, in small claims court for the money I paid to them - first and security- plus extraordinary moving expenses created by Mr. Armstrong's failure to provide a habitable and acceptable apartment, as was his obligation. Mr. Armstroing is now seeking a continuance in the case as well as to have the case heard in general district court (further delay). He is also claiming that I sued the wrong party (the proper party being Tobac, LLC) and will undoutedly seek to have the case, as filed, dismissed.
Mr. Armstrong does not deny that I am owed first and security and sought to settle for that amount through his attorney but refused to consider any additional amounts.
1. What are the grounds for a case being moved from small claims to general district court? What are the legal objections that can be raised to keep the case in small claims court?
2. Is the case filing against River City R E proper? Should I refile the case against Tobac, LLC or Tobac, LLC, River City R E, and Charles Armstrong jointly?
Thanks,
I made a rental agreemnent with Tobac, LLC in Richmond, VA but refused tenancy when, upon move in, I found ceiling mold along with severely leaking ceilings caused by a defevtive roof. I advised the leasing agent, River City R E (owned jointly with Tobac, LLCX by Charles Armstrong), of this situation and my right to refuse tenancy under VA landlord-tennant law and requested the return of the money deposits I made (first and security). Mr. Armstrong refused to acknowledge my intents and said I should sue him which, after several other unsuccessful attempts to reason with him, I did.
I sued River City R E, as they were the principal contacts throughout, in small claims court for the money I paid to them - first and security- plus extraordinary moving expenses created by Mr. Armstrong's failure to provide a habitable and acceptable apartment, as was his obligation. Mr. Armstroing is now seeking a continuance in the case as well as to have the case heard in general district court (further delay). He is also claiming that I sued the wrong party (the proper party being Tobac, LLC) and will undoutedly seek to have the case, as filed, dismissed.
Mr. Armstrong does not deny that I am owed first and security and sought to settle for that amount through his attorney but refused to consider any additional amounts.
1. What are the grounds for a case being moved from small claims to general district court? What are the legal objections that can be raised to keep the case in small claims court?
2. Is the case filing against River City R E proper? Should I refile the case against Tobac, LLC or Tobac, LLC, River City R E, and Charles Armstrong jointly?
Thanks,