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going to court today

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thebee

Guest
What is the name of your state? Virginia
Saw our attorney yesterday, and he said we might get stuck with something, I really hope not since the LL already has my security, he was claiming 2400 in damages and rent owed on lease including late fees, we had pictures of place proving no damage, he did not give us a list of damages for 3 months, also never tried to rerent apartment, 2 days after turning in my keys, he was changing carpet and light receptacles, weird, I don't see how he could be awarded anything, but my attorney said the judge hearing this is fickel, will let you know how it goes
 


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Votan

Guest
All the evidence you have against ex-landlord, and your lawyer is wondering he might be struck with something?

Chalange landlord to show you the carpet that he removed, and that the pictures you have are not those of the carpet when you left.

There is nothing that prevent landlord from remodeling his property, but to blaime this on you is weird. Based on your description of the evidentiary material you have, I wonder if your attorney has filed all the appropriate papers timely.
 
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thebee

Guest
my attorney is pretty sure he will get no damages, but he has kept my deposit of 420, the real problem is that we had a verbal agreement to let me out of the lease by trying to get someone in there as soon as possible, we got out and left it in move right in condition, then ll started carpet replacement, electrical work, , we did still owe 3 months on lease, but byb pulling up the paper he advertised in, he never ran an add untill our lease expired, now he wants all that and LATE FEES!! we go at 1:30 today
 
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Votan

Guest
The verbal agreement is going to be your week point. Your best chance to balance it is to bring the paper with you as an evidence of his bad faith in his attempt to find a new tenant. If he did rent the apartment afte his ad in the paper, take notice of how long after the ad was out the apartment was rented. Claim that you will be willing to pay rent for that period of time. Good luck.
 

I AM ALWAYS LIABLE

Senior Member
Votan said:
"The verbal agreement is going to be your week point."

=======================================

My response:

Which day of the "week" - - Monday, Tuesday, Wednesday . . .?

Also, don't you think our writer would be entitled to "punitive damages" from the landlord or his attorney? There's got to be something there, right Votan? How about if there was some negligence, do you think punitive damages would be warranted?

IAAL
 
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thebee

Guest
I did go to the library and got copies of all the adds, he never ran the first 1,I turned my keys in on the 1st of may, LL sent me copies of work orders dated may 2nd, he was doing something in the monthe of all the whole month, could not have rented it , as soon as the add ran it was rented
 
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Votan

Guest
Get the date of rent after the ad. If not available, claim 5 days and let him prove the contrary. Pay rent for those days between the ad and the rent.
 
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thebee

Guest
went o court today

virginia,,well we lost!! the judge didn't even consider the pictures told our attorney that he did not agree with the wording of the statues of the laws of va, laughed and admitted that 1 dollar for a lightbulb was inflated but gave it to them any way and tacked on 500 attorneys fees, told us if we didn't like we could appeal, we sais we would and he informed us that we needed to have double the amount of judgement before we can file, so we are filing bankrupcy, otherwise in 10 days they will take my husbands check and I'll lose everything anyway, I just don't understand,
 
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Votan

Guest
Sorry you've lost. I don't have the facts but something is stiking. You are saying the judge said "he did not agree with the wording of the statute of the laws of va". His job is not to desagree with the statute, his job is to apply the law. Strange comment from a judge particularly from on the bench.
 

I AM ALWAYS LIABLE

Senior Member
My response:

Well, the only reason I can think of for "the bee" losing, Votan, is because you never suggested that he ask for punitive damages.

Damn!

IAAL
 
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thebee

Guest
My attorney warned us about this judge, he is always for the landlord, heres what gets me, the damages the landlord asked about were on the move in sheet, i filled out, the pictures were evidense that he was lying about the condition of the apt, the late fees were above what is allowed in this state, he never tried to rerent the apartment, by advertising, but says he put a sign in the window, the wording he did not agree with was that at the end of my occupancy, the day I turned in the keys, instead he choose the day the lease ended, even though he was late on that as well, I feel like there was somekinda good ole boy crap going on here, to just totally ignore everything. but what can i do?
 
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Votan

Guest
Your side of the story sound the judge ruled on his own regardless of what the law says. One thing you could do, if you are convinced of his disregard to the law, send a letter to the editor of the local paper, fin out if the landlord contributed to the judge election campaign, find out who is or was his opponent for this job and discuss this matter with him, write to your state representative and senators, as well to the congressman of your district and the senators of your state. Get your story out to the public.
 
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eberha14

Guest
I'm sorry to hear about your experience in court. I just read Virginia's statute covering security deposits.

§ 55-248.15:1 reads in part: "The security deposit, any accrued interest and any deductions, damages and charges shall be itemized by the landlord in a written notice given to the tenant, together with any amount due the tenant within forty-five days after termination of the tenancy and delivery of possession."

Termination of tenancy occurs when the tenant hands-in his keys and discontinues constructive posession of the apartment, removing all property, notifying the landlord.

I would recommend having a 'tenant attorney' in your state review the transcripts for both abuse of discretion and legal error if you're interested in appealing.
 
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thebee

Guest
thanks,, thats exactly what I will do, I am still in shock over it, this ll can garnish my husbands check now, within 10 days of judgement so have to get bankrupcy papers filed.
 
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thebee

Guest
I have decided to file a complaint agaist this Judge, any one know what board I need to go to for advise? I have written a letter to our state rep and the local papers as well, I would like some one to look it over for me, so I don't get into any trouble, thanks
 

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