Legal Question in Real Estate Law in Virginia

small claims court over VA security deposit

Hello, I am considering taking my former landlord to small claims court. A few key facts:

- Unfortunately I am not covered by any law in this great state of VA since she owns less than five condos (VRTLA does not apply)

- My lease is incredibly general so she has not broken any laws

- She returned $500 of my $1,000 security deposit to me after 50 days. She did not itemize damages and the damages she claimed were bugus in my opinion. I have evidence of preexisting issues and her failure to address many issues during my one year tenancy.

- I wrote her a detailed letter disputing the damages requesting a reply

- I have not heard from her within the time I specified in the aforementioned letter

Arlington County has said that my only other recourse is Small Claims Court. Then, apparently it would be up to the judge whether or not he/she agrees with her deductions.

I am wondering if this is worth it. This woman was a nightmare to deal with, so on pricipal alone I wouldn't mind making a point. Also, I legitimately want my $500. However, is there anythign I should be aware of before embarking on small claims court?

thank you!


Asked on 10/04/07, 3:52 pm

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

Re: small claims court over VA security deposit

Arlington County, in my opinion has dispensed sound advise to you. Afterall, what do you have to lose except the $40 filing fee and some time spent in court?

And, who knows, the court might award you a judgment for, perhaps, three fourths of what you're seeking, and, perhaps, any applicable costs.(Make sure, however, that all of your "evidence ducks" so to speak, are

all in proper rows.)

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Answered on 10/04/07, 5:31 pm


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