Legal Question in Landlord & Tenant Law in Virginia
Writing a grounds of defense here.
I am being sued by my apartment complex because I refused to pay to have the carpet replaced. During our tenancy the apartment complex was bought out by a different company. When I first moved in the carpet was brand new. The apartment complex allows pets and I was informed that the previous tenant owned a pet and they had to replace the carpet when they left and you could smell that there had been a pet even after they replaced the carpet. I lived there with two other roomates for 2.4 years. We did not create any damages to the carpet outside of normal wear and tear. Upon move out we followed the cleaning procedures perfectly (I used to flip apartments for new tenants so I know how to get it ready for a new tenant). We had the carpets professionally shampooed the day before we did the move out inspection which left them looking brand new. Upon the move out inspection the only thing identified was a lightbulb that had gone out. We were later informed that they were charging us to replace the carpet due to "heavy pet damage". We never had a pet nor had any animal even enter the apartment and tenants that owned pets were required to file a pet release form with the leasing office. The new owner of the apartment complex was also renovating all of the apartments and replacing the carpet with hard wood flooring. I was informed that the tenant moving in behind us wanted to keep the "old style" apartment and didn't opt to have them renovate prior to move in. My thought is that the previous apartment owner may have replaced the carpet but not the sub padding which is where the pet damage could have been possibly? I'm wondering how much of this info I should include in the grounds of defense? There is also a statement on the bill of particulars that states, "per the lease, the defendants agreed that the plaintiff would be entitled to recover reasonable attorney fees if an attorney was employed" which they are. Does this mean I would have to pay the attorney fees even if I lose? I am not planning to use an attorney but representing myself along with one of the other roommates.
1 Answer from Attorneys
Include in your "Groumds" in numbered paragraphs any and all facts which relate to your
rebuttal of whatever is false or questionable in the plaintiff's BOP,
Also, your responsibility for the carpet should only extend to whatever is covered in your
lease that was effective at the time of your move-out.
And, yes it's possible that if you lose that you could also be held responsible for the payment of plaintiff's
attorney's fee if that also was part of your lease agreement at the time of your move-out.
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