landlord not really a landlord?

[benlever]

What is the name of your state? Virginia
We've been battleing our former landlord for our security deposit. Trust me when i say that she is mind-blowing in her lies and unprofessional behavior. She recently consulted with a lawyer who told her that because she only owns the one house, moved out to go to college, then moved back in when our lease ended, that she is not a landlord. There by making the VA landlord tenant act not apply to her. We were using several rights she denied us in the act to fight for our deposit. We were excellent tenants and truly feel that she just wants our money. Is this true? is she technically not bound by the landlord tenant act of virginia? and if she isn't does that mean we technically weren't her tenants?? very odd, any help greatly appreciated. Also she said to us that she would lie in court to win her case. That's the person we're up against. please help!

 

[acmb05]

What is the name of your state? Virginia
We've been battleing our former landlord for our security deposit. Trust me when i say that she is mind-blowing in her lies and unprofessional behavior. She recently consulted with a lawyer who told her that because she only owns the one house, moved out to go to college, then moved back in when our lease ended, that she is not a landlord. There by making the VA landlord tenant act not apply to her. We were using several rights she denied us in the act to fight for our deposit. We were excellent tenants and truly feel that she just wants our money. Is this true? is she technically not bound by the landlord tenant act of virginia? and if she isn't does that mean we technically weren't her tenants?? very odd, any help greatly appreciated. Also she said to us that she would lie in court to win her case. That's the person we're up against. please help!

Well she is not a Landlord NOW, but she was when she was renting the house to you. Therefore she DID have to abide by the LL/T laws.

 

[Who's Liable?]

The lawyer may be right, and it all depends on what your lease states...

She may have been given the power to collect and manage the property by the actual owner of the house, therefore NOT being the LL, but acting as the LL's agent.

Does your lease state WHO and WHERE the rental income is to be paid to? Does it SPECIFICALLY state WHO the LL is, and WHERE the money is to be sent when rent is due?

If the state specifically states SHE is the LL, and NOT acting as the LL's agent, than YES she IS the LL and all the LL/T laws will apply to her...

Either way, take her to court and let the judge decide on your behalf...