Legal Question in Landlord & Tenant Law in Virginia
I recently moved out of an apartment complex, and just received a bill from them for over $1500 because they said they had to replace the carpet in the entire apartment and the flooring in the kitchen, along with some other misc. charges. There was some minor staining in the living room part, but the rest of the carpet did not have stains. We had an incident where the guy above us was washing clothes and his washer leaked and flooded his apartment and it leaked into ours. We called the property management company and told them about the problem and they sent someone out to inspect the damage, but never fixed the ceiling or checked to see if the water had gotten under the carpet. We have numerous emails and work orders to show that we reported the problem, and that they never did anything. Now, I suspect that what they are charging us for is the damage caused by this incident.
They had already made us pay $60 to have the carpets cleaned before we left. Now they have sent us a bill for replacing the carpet and the kitchen floor, and we have only 10 days to pay it. They already took our $250 security deposit off the bill, so originally the bill was over $1,700. Keep in mind this is a small two bedroom apartment where my girlfriend, myself and our one-year-old lived for only one year. What recourse do I have?
1 Answer from Attorneys
You say that you now "suspect that what they are charging us for is the damage caused by this incident". However, in order to prove your case in small claims court by a preponderance of the evidence, you will need more than your suspicions. Do you have credible photographic and/or other evidence that clearly demonstrates the connection between the leaking ceiling incident and the damage caused to the carpeting for which the landlord is now seeking
payment from you?
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