Washington, DC asked in Landlord - Tenant for Virginia

Q: In rental 7yrs no late no behind. The carpet wasn't new, house not newly painted. Can I be charged for either.

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2 Lawyer Answers
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: Generally, the lease provides "normal wear and tear excepted" and that means that over a 7 year lease period, the rug should not be replaced and the premises should not be repainted at tenant's expense.

Ross Cameron Hart agrees with this answer

1 user found this answer helpful

Ross Cameron Hart
Ross Cameron Hart
Answered
  • Salem, VA
  • Licensed in Virginia

A: Maybe, maybe not. You cannot be charged for 'ordinary wear and tear' so unless you did something to ruin the carpet or walls, there shouldn't be a charge. Will the landlord try? Possibly. A lot of less-than-ethical landlords try to take stuff out of the security deposit - and if you feel they are wrong, you can sue them to get it back.

So, what is involved in a suit?

Obviously, court. And time. It could be unpaid time off from work. What is your time worth vs. the amount the landlord screwed you? You don't mention how much is involved.

Analyze your time:

1) You have to make sure you're suing the correct entity - you dealt with 'Bob' (the landlord guy) but is the apartment in a partnership, corporation or LLC? that's the entity.

2) You have to prepare the Warrant in Debt and go to the court to file it. How far away is the courthouse from where you are? (I won't mention traffic) And there's the filing fee (about $60 or $70)

3) You will then have to appear on the date the clerk of court sets the case - will it actually be heard that day or will it be set over for another day? (local practice) How much time to go back and forth to the courthouse for that.

4) Actual trial date: make sure your witnesses are available AND you have the documents to prove your case. (yep, travel back and forth again).

5) Once you win - and a win is simply the judge saying you're right, and you're entitled to $xxx. THAT then gives you the legal authority to try to collect it. That could involve more trips to the courthouse to file a garnishment, then collect the check (if there is one). Frequently winning the suit is the easy part, collecting can be the difficult part.

The point is, is it worth it to hammer the SOB for being a cheat? Based on your facts, I'd love to see you do it, but I want you to have a realistic idea of what you're in for. And my 5 steps don't even touch the emotional cost of keeping this going for the next several months, or the cost of an appeal (by either you or the cheat) should that happen.

Good luck.

1 user found this answer helpful

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