Legal Question in Landlord & Tenant Law in California

Absentia small claims suit against a landlord trying to screw me on a carpet

I recently moved from San Diego to No. Virginia. My prior LL is trying to stick it to me for $835 for a replaced carpet, even though our place was flooded by our next door neighbor 3 times (over the course of 3 years). She is claiming it is pet damage from my cat deposit, but normal wear and tear, along with the flooding, should cover most, if not all, of that, right?

While it is pretty clear from my research that I have a valid beef in small claims court, how can I pursue this in Virginia? There is a chance I could be in SD on business, but obviously, I'd have no control over the date.

Help.


Asked on 9/11/06, 7:40 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Absentia small claims suit against a landlord trying to screw me on a carpet

I would call the small claims clerk to sound out how amenable the office is to choosing a trial date. Once you know when you'll be in SD, file the complaint a month or two earlier. Check with the clerk to see if you can get a trial set for the dates you plan to be in SD. That's probably the best you can do. You can't sue in your home state because more than likely the landlord has no connection there. Good luck!

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Answered on 9/11/06, 10:12 pm


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