QUESTION
I want to sue my former landlord for giving/selling personal property after I moved out of a business rental location. The landlord recently died.
Asked on Mar 16th, 2020 on Civil Litigation - Virginia
More details to this question:
I had personal agreement with my former landlord (and have a witness to agreement) to leave a machine at the facility until I was able to move equipment. The former landlord gave away the equipment without contacting me in any way. I had gone by and visited with my landlord several times and he made no statement of equipment needing to be moved. Value to replace machine is $10,000+.
1 ANSWER
I'm not sure what your question is, but you should know that in any suit against the landlord's estate, you may have a problem with thedeadman'statute which, assuming it is still in force in Virginia ,prohibits any interested party from testifying as to oral communications he/she had with the decedent against whom he/she is claiming. Your witness could testify to the oral agreement, assuming the witness is not interested (i.e. does not benefit financially from the agreement) but you would not be allowed to.
Answered on Mar 17th, 2020 at 11:24 AM