How to Sue for Breach of Contract in Virginia

How to Sue for Breach of Contract in Virginia

Ruckersville, VA · Member since 2013 · 5 posts · 0 votes

My tenants were supposed to fill the oil tank when they left the property. They did not. Is there a procedure I need to follow before I take them to court?

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Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
13y

I handle the oil tanks a bit differently , I dip the tank and measure the amount , I have the conversion chart for how many inches equal a gallon . When they move in I measure the amount of oil and they pay for the oil . When they move out I measure the tank and reimburse them for what is in the tank .

First the deposit , then court .

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  • Rockford, IL · Member since 2013 · 330 posts · 62 votes
    13y

    I would handle it the same as I would damage. Find out the cost to refill the oil tank, deduct their security deposit. If the security deposit isn't sufficient to cover cost, send them a letter requesting payment in accordance to the lease. If they refuse or fail to respond then file a suit in small claims court (hopefully it does not exceed the amount permitted for small claims in your state)

  • Hanford, CA · Member since 2013 · 5k+ posts · 1k+ votes
    13y

    @Connie Willingham

    I first recourse would be the security deposit. Second recourse is small claim court.

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    13y

    I handle the oil tanks a bit differently , I dip the tank and measure the amount , I have the conversion chart for how many inches equal a gallon . When they move in I measure the amount of oil and they pay for the oil . When they move out I measure the tank and reimburse them for what is in the tank .

    First the deposit , then court .

  • Contractor · San Antonio, TX · Member since 2013 · 647 posts · 205 votes
    13y

    Hi Connie, welcome to BP. I don't rent, but I'd agree that the security deposit should be the initial step, and much simpler. Small claims court in VA is up to $5,000, and of course you'll have to prove your case to the satisfaction of the court. Before that, though, you'll likely (possibly procedurally required, I can't recall) be asked if you want to go through arbitration first. Basically, it's just kind of a pain and easier to use the security deposit if you can. Good luck, and let us know how it turns out!

  • Property Manager · Big Bear Lake, CA · Member since 2013 · 585 posts · 330 votes
    13y

    This must be an east coast thing. I've never heard of an oil tank. What is it?

  • Severna Park, MD · Member since 2013 · 7k+ posts · 7k+ votes
    13y
    Originally posted by Michelle L:
    This must be an east coast thing. I've never heard of an oil tank. What is it?

    its a fuel tank for a oil burning furnace , "heating oil" is basically diesel fuel , you normally have a 275 gallon tank either outside the house , in the basement or buried in the ground ( Buried becomes a major problem when they leak ) Heating oil is around $3.65 a gallon , so filling a tank can cost close to $1000 dollars

  • Ruckersville, VA · Member since 2013 · 5 posts · 0 votes
    13y

    Thank you for the responses. The security deposit was used for the last months rent as the house was in good shape. I agreed to this because they are family friends. Update. They have put approximately 1/2 the amount of oil required in the tank. I'm waiting to hear what they plan to do about the remainder. @Chad Clanton is there any sort of local investment group I could join? I'm thinking about using some of the equity to possibly buy and rent or flip something in Charlottesville. I also have a townhouse that's underwater that I'd like to refinance.

  • Contractor · San Antonio, TX · Member since 2013 · 647 posts · 205 votes
    13y

    @Connie Willingham , sorry for the delayed response. I'm not really looking into the Charlottesville area, but according to the results from a google search I did, the Charlottesville REIA # is (804) 293-6795. Take care, and good luck!

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