Getting withheld funds back from the landlord

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If a rental is in Norfolk, VA and you have to abide by the rules in Norfolk during the rental time, because the landlord states this in the lease (see below), do we have to go to Chesapeake if we want to file in small claims against him?
-- Lessee agrees to file any and all court proceedings in the City of Chesapeake, VA. Lessor reserves the right to file any and all court proceedings in the city of Chesapeake, Virginia.
Of course, we feel it is to his advantage as he lives and resides there and holds a position on the school board and has ties to the judicial system there as well. It does not seem fair, can he legally do that? Do we have other legal options to do this in Norfolk where the rental house is? This is the only renal property he has ~ Thank you.

2 Attorney Answers

Normally, all civil disputes concerning the lease would go to the Court where the house is located. However, parties to a contract can agree on a different location for these judicial hearings. It appears from the language that you have presented that you agreed that the appropriate venue for any dispute would be Chesapeake.
You may still file in Norfolk, but the landlord can have the judge dismiss the claim and make you refile in Chesapeake based upon the wording in the contract.
I agree with my colleague, in many instances, parties are able to choose their preferred jurisdictions within such contracts. There is a distinct possibility that even if you initiated suit in Norfolk, you still assented to the use of the court system Chesapeake. Though your landlord may have a respected position in the City of Chesapeake, that doesn't necessarily mean they will find in his favor - if the facts are on your side and you present a well-organized argument, you may indeed be successful in your suit. Should the decision for your matter not go in your favor, you may be able to appeal to the General District Court, and in GDC you will be allowed to have professional legal representation directly assist you in court. If you have concerns going in to small claims court, or perhaps need someone to help you strategize, then I would seek the advice of an attorney in our area with Landlord/Tenant experience.

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