AboutJonathan Dever, Esq Expertise Real Estate Law, Buying Selling, Investor, all types of acquring property through "creative techniques" and fraud avoidance
Experience Super Lawyer by Law and Politics for the last three years, part of over 900 transactions in the last 6 years
Organizations Ohio Bar Assn
Greene County Bar Assn
Champaign County Bar Assn
Publications Personal web site and web articles
Education/Credentials JD - Capital University
MA - IU of Penn
BA - U of Cincinnati
Awards and Honors Super Lawyer 2005, 2006, 2007
Who is Who, Lawyers 2006, 2007
Question QUESTION: My husband and I rented a house in virginia beach (yearly lease). We moved in February 2004 and moved out October 2006 (husband in military, broke lease due to transfer with proper notice). According to our lease upon moving we had to fill the gas tank, clean the house, and have carpets cleaned.
We were served a summons May 2008 for "carpet cleaning." Upon asking for the invoice for the cleaning which they were claiming was approx. $800 we found it was for replacing the carpet. When we moved out in 2006 we had the carpet cleaned professionally, and provided the invoice. Can they wait this long to sue? Also, the carpet was well over 15-20 years old (bright orange) so can they sue us for carpet replacement well over it's life expectancy, and since we were in accordance with our lease and had the carpets cleaned?
Another question I had was according to the Virginia Residential Landlord and Tenant Act, the landlord had 45 days to provide us with a statement of charges. Being that it is 2008 it is well past that. Does this apply? and yes they have more than 10 rental units. They kept our security deposit because they said that the oil tank was empty, which I have asked for an invoice repeatedly, but have yet to receive one. Our deposit was for $1275. We moved out October of 2006, but the carpet was not replaced until July 2007. Why are they suing us for it? For all we know they had new tenants by then. We were praised for the cleanliness of the house at out exit inspection, but fought with them over 2 months for our security deposit before giving up. It clearly stated in our lease that we were due our security deposit 30 days after vacating the premises or written notice as to why we could not get it back.
They provided a statement of charges (carpet and oil) with a letter we received yesterday that was "dated" January 2007. Well over the 30 days allotted in our lease and well over the 45 days provided in the VRLTA. Can we fight this or would it be easier to pay?
I want to thank you in advance for your response. We now live in Kentucky, and am having trouble finding a lawyer who is willing to communicate long distance.
ANSWER: First, thank your husband for his service. We need people like him and the sacrifices you and your family make for the protection of this Nation are greatly appreciated!
Second, it sounds as though you might be well within your rights to fight. There are federal laws that protect service members that are called to duty, and those statutes may be of added assistance.
You have a lot going on here, more than I likely can help you with in this format. Since your husband is active duty, you should be able to have a JAG attorney help you in this matter. Call the base office and see if they have that type of service, if not, let me know, and I will see what I can do to help you.
Good Luck.
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QUESTION: First I want to thank you for how quickly you answered my first question.
My husband is now a veteran and we now live in Kentucky. I am not sure if he is entitled to military representaion anymore. I will look into it though with the VA.
Would we have a case with a private attorney? I figured if we could file a counter claim then maybe I could find a lawyer if they were going to get something out of it.
Just out of principal I would like to win this because I believe they are out of line with this lawsuit, but unless we could win a counter claim the expenses of traveling, taking off work, and an attorney outweigh the possible judgement. This is why I was wondering if we should just pay it and get it over with.
Again thank you very much for your timely response. I greatly appreciate it.
Answer Most state statutes require notification to the former tenant of damages within 30 days (apparently VA is 45). The notification should include a detailed breakdown of the expenses. Some states provide a damage award equal to the amount of the deposit in the event they fail to do so (you get 2x your money back).
You might be able to find a local VA attorney who understands Landlord Tenant law to give you a fast answer, and perhaps representation. In Ohio, where I practice, the statute allows the tenant to recover attorney's fees if certain elements are proven.
Make the call first. You might have a case that will not cost you much if anything at the end. These matters are largely local as to how they apply and operate, but the principles are the same across jurisdictions.
