Legal Question in Real Estate Law in Virginia

When I first moved into my apartment building I paid a mandatory one-time fee to clean it when I moved out. After leaving my apartment, I was told that my carpets were dirty. I didn't believe that they were any more dirty than regular wear and tear, which is acceptable under the terms of my lease, and that a simple carpet cleaning would have cleaned them, something I would have done myself had I not paid the initial cleaning fee. The apartment building kept my deposit ($250) and is now demanding the remainder of the fee that they paid to replace the carpets. Prior to my even getting in touch with them (although I tried to call them half a dozen times), they forwarded the claim to a collection agency. I refused to pay, saying that the carpets were not damaged enough to require replacement. I told them that I would not pay it unless they provided me with proof of the damage in the form of receipts of attempts to clean the carpet or pictures of the damage. They provided no proof. After a month went by, they finally said that the apartment management had faxed them pictures, but that the quality was poor and they didn't think it would be worth it to send them to me. I am considering taking the matter to small claims court to get them to stop harassing me about it. Do I have a strong case? At this point, does it matter if they provide pictures?

Asked on 8/30/09, 2:54 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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You would not appear to have yet incurred any damages which would support a case in small claims court.

Answered on 9/04/09, 4:11 pm

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