small claims court over VA security deposit

[jurigajs]

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!

 

[Michael Wechsler]

Sorry to hear about the problem:

(1) If you still can, take pictures of the place before leaving.

(2) Research whether there are/were other open cases against her.

(3) Ask her for every bill should she claim that work was necessary and also ask for proof that it was applied to your unit and not to some other residence she may own.

Be confident and don't get worked up in court. She needs to prove that she is entitled to the deposit. You may want to see a judge rather than an arbitrator for a number of reasons I won't get into if that is an option presented. Good luck.