Q: What happens in a small claims court when the landlord did not return an itemized deduction.
I have been sued with a small claim by my previous tenant for deducting security deductions and their property damages. It is probably the bleach of the contract for requesting compensation to their property damages. For the deductions, the amount was only small portion of all repairing costs, and the actual amount of deductions exactly matches their unpaid late fees when they moved out.
The problem is I actually sent the itemized list through a realtor (who was helping me as a property manager), but I just found out that he did not send the list (that I sent to him) to the tenant.
Now it seems I am in trouble. I have a copy that I send to him, but he does not. I asked him if he can be a witness, but he declines and tell me he never agreed to do such work.
I have been quite confident until finding this problem. Now I am considering counterclaim just in case because the judgement may go completely against me.
Any advice would be much appreciated!
A:
In Virginia, the law and most likely your lease required the landlord to deliver an
itemized list to the tenant. Failure to do so is a breach of the contract. Relying on the failure of your agent to deliver the list will probably not be persuasive with the judge.
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