Q: In small claims court if defendant wins can he claim travel and other expenses to attend court?
sued in small claims for full return of deposit before tenant was informed of amount withheld. Tenant did not move out until 12 hours after expiry of lease and our real estate agent conducted walkthrough with her. Issues arose when agent complained that tenant removed light bulbs and it was impossible to see condition of property to assess. Likewise tenant turned off water before walkthrough (while tenant was still under lease) so could not completely assess condition of property. We and our agent believe this is an attempt to coerce a full refund (in reality we have withheld $190 of $3300 deposit and have refunded remaining within 45 days of expiry of lease). Walk through done by agent 1.5 hours after expiry of lease so within 72 hours of expiry of lease. Likewise, notification of intent to withhold $190 given 28 days after expiry of lease. If we win in small claims can we seek our costs for travel from connecticut to Prince Williamm cty. to attend hearing?
A: Unfortunately, travel expenses to court are not an allowable claim in a landlord-tenant case under the laws of Virginia.
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