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Landlord BS trying to charge for maintenance..taking to small claims need help

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kierkat17

Junior Member
What is the name of your state (only U.S. law)?

Virginia

I need some help, A few months ago my heater stopped working the whole system just wouldn't work (including hot water) I called my landlord (managing agency) they sent the company out that the system was warranteed under.. well long story short there was a switch that needed to be turned back on (it a red emergency switch) apparently it had accidently been knocked off... okay fine... the guy checks the system to make sure it is heating properly... and its not. The maintenance guy was in my home for over two hours trying to adjust the intake on the machine and raising the water flow.. fine. He also advised me that the filter was dirty on the machine... advised me to change it which I did. (the cartrage says 30-90 days at that point it had been about 2 months). I signed the paper that he gave me explaining what he did (he also notated the filter on the paper) and left...

So here's the issue almost two months later I get a 100 bill for this service, I go back and forth with the maintence manager of owners company and this guy basically tells me its my fault and the filter was dirty therefore I am responsible for the bill... I ask him well why then was the guy here for 2.5 hours to get my heat working... he mumbles something under his breath said he doesn't know and I need to pay it or they will charge me an additional 100 fee for nonpayment... mind you I am military haven't paid a day late in my life, they have come into my home without permission before (nor notice) and I let it go....

I sent the owner an email advising that I will be taking this matter to small claims... do I have a leg to stand on with this? SORRY this is soo long but I needed some insight.. thank you!
 


racer72

Senior Member
I sent the owner an email advising that I will be taking this matter to small claims...
For what? You have suffered no damages yet. Being billed for something you may or may not owe is not a sufficient reason to sue.
 

Zigner

Senior Member, Non-Attorney
The maintenance guy had to come out due to YOUR actions (negligence.) $100 for 2.5 hours of work is a pittance and, I dare say, you are not being charged for the full 2.5 hours.
 

antrc170

Member
You do not need to pay the maintenance fee. It is the landlords responsability to ensure proper maintenance of the unit. A dirty filter will cause the unit to run ineffeciently, but unless it is completly clogged it won't cause the damage you mentioned. If the input regulators and water levels had to be adjusted, that is not something the filter would cause. Send the LL a certfied letter stating that you are not responsible for the maintenance cost according to VA code 55.248-13. You don't need to sue. Maintenance fees are not your responsability and it is the LL job to show that you were negligent.
 

Zigner

Senior Member, Non-Attorney
You do not need to pay the maintenance fee. It is the landlords responsability to ensure proper maintenance of the unit. A dirty filter will cause the unit to run ineffeciently, but unless it is completly clogged it won't cause the damage you mentioned. If the input regulators and water levels had to be adjusted, that is not something the filter would cause. Send the LL a certfied letter stating that you are not responsible for the maintenance cost according to VA code 55.248-13. You don't need to sue. Maintenance fees are not your responsability and it is the LL job to show that you were negligent.
The initial call was due to the unit being INOPERATIVE. The tech came out and found that the unit was inop. due to the TENANT'S actions. Tenant is responsible for the call. $100 for the service call is not unreasonable.
 

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