Legal Question in Landlord & Tenant Law in Virginia

Is there anything I can do

The toilet in our apartment constantly overflows as does our bathtub. We have to call maitenance at least once a month to come and clean up sewer and the washingmachine in our hallway outside our apartment door gets backed up and floods all the way into our livingroom. They have people come in and do a quick carpet cleaning and then put up fans but it usually takes them a while to even respond. We have a two year old and I am pregnant 5 and a half months with our second child and I know this constant sewage flooding cannot be healthy for us and the smell in the carpet does not go away. Yet the apartment people want to always come and inspect our patios to make sure that we dont have anything on them and inspect our blinds constantly to make sure that they arent bent or dirty ect. Is there not some health code that they are violating? They always tell us that our apartment is at the low point of the building so all the sewage of the building backs up into our apartment. Our lease ends in December but im worried about my health and the health of our child and the fact that they might actually try and make us replace this carpet when we move out. What should I do. Is there any legal actions I can take. Are they breaking any laws?


Asked on 10/15/07, 10:36 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Is there anything I can do

Make sure that you have sufficient documentation (including color photos) regarding the progressive degradation of the carpet due to sewage overflow/seepage as well as documentation regarding any of the other items to which your landlord may seek to apply your security deposit, whether it be the blinds, the condition of the patio, bathroom tiles or whatever.

Be ready to counter any of the landlord's claims which you believe are unjustified as to what your security deposit may be applied to and make sure that you're present when the landlord conducts the walk through to inspect the premises prior to your departure at the end of December.

Make written demand for whatever part of your security deposit you believe to be unjustly withheld, and if such is not released to you, then be prepared to file your claim for that amount in a Virginia small claims court.

If you want to win your case, you must have the necessary evidence to present to the court and good documentation can play a major role in whether you succeed or fail.

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Answered on 10/15/07, 11:47 pm


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