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LL got attorney moved case from small claims
by lnemup
on June 14, 2012 @11:36
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What a mess. Been going at it with LL over carpet since feb. In Virginia they made us go to court, sent us to mediation same day. Then we didnt agree so back to court yesterday. LL shows up with attorney and moves case upstairs to distric court. Anyone know where I can find Virginia laws reguarding carpet replacment? According to his attorney there is no such thing as pro rating on 6 plus year old carpet. I find this hard to beleive. Basically told me that age has no factor, and I should pay full replacement price. Make things even better know he is counter sueing me for thing that are not even on our walkout inspection. WTH?
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Re: LL got attorney moved case from small claims
by Anonymous
on June 14, 2012 @12:40
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The LL must think he has a good case since he/she has now paid for an attorney. What is the LL asking for? Sounds like he already has $1000 from you on this issue?
So are you the one that originally sued the LL? (you said he counter sued you....this implies you sued him). Perhaps you need legal counsel (or legal aid) on this issue too.
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Re: LL got attorney moved case from small claims
by Eloise
on June 14, 2012 @19:43
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Man, I've never had to deal with lawyers, but the posts in this forum scare me sometimes, because it seems that they sometimes are used to try to bully people vs following the actual law before going to court, it's pretty scary stuff!
OK, so let's make some simple math, the LL is saying it cost $2400.00 to replace this super awesome carpet, right? Say that this special, ultra cool carpet was one of the higher end ones {because we all know how smart it is to have high end carpet on a rental but besides the point} and those, let's say, for the purpose of this example, had the best life time I know of {directly from the Shaw Carpets website, Shaw is one of the most used brands out there} 20 years.
OK, so, 20 years, $2400 bucks, divided by 20 years: 120.00 a year, the carpet was 6 years old, so 120.00 x 14: 1680.00 should be your magic number, assuming he actually replaced the carpet, it was actually damaged, and it was 20 years old.
Personally, I think the attorney is trying to intimidate you, I read my NOLO Book about Landlord/tenant law and it DOES say that he can only charge you for a pro-rated amount for the carpet. Since now you are going to court etc, I recommend you buy or borrow from your library this book, it is excellent and will be a GREAT thing to have for your case.
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