Legal Question in Real Estate Law in Virginia

Deposit not fully received due to scratches

I was residing in a townhome and when I left there were a few scratches left in the room. After leaving, the owner (roommate) of the townhome stated that he would deduct from my deposit the amount it would cost to have a professional painter come in and fix the scratches. However, he had allowed carpenters, and painters to come into my room without my permission to paint the walls and fixes to the room. I believe they created the scratches as they had also removed my articles from the room and placed them into the bathroom. Also, due to the painting and person moving my belongings, items of clothing and my suitcase were damaged. Do I have a right to collect on these from the landlord? Does the landlord also have a right to charge me for scratches which I do not believe I made? Once he does deduct the charges from my deposit, I believe he is also going to overcharge the amount. Is there any way to prevent him from doing this?


Asked on 2/03/04, 4:32 pm

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

Re: Deposit not fully received due to scratches

Your remedy(assuming no settlement can be reached

between you and the landlord)is to file your suit in small claims court against the landlord for any amounts which you believe that the landlord has improperly charged aginst your deposit.

In your claim you may, also, include any damages to your personal items which may have been negligently caused either by the landlord himself

or persons hired by him to refurbish the room which you were occupying.

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Answered on 2/03/04, 6:12 pm


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