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I am trying to respond to a bill of particulars received…

I am trying to...

I am trying to respond to a bill of particulars received from the landlord. They are saying we owe $1400 for damages to the apartment but only provide a self made invoice saying service to repair damages was $1400 but no proof or receipts for the specific work. Generally they are saying they had to paint, put in light bulbs, screw some screws in and replace a bath tub plug. Yet we only had tapestries on the walls which were hung in accordance with the lease. There was never a bath tub plug to begin with. They also say the floor was scratched but then retrieve that and said "we should have charged the previous tenant to pay for the floors". We acknowledged the floors were scratched, the shades were bent, the shelves were missing and the garbage disposal was not working when we moved in. They acknowledge that and yet still charge us for refinishing the floors and painting the walls. This case is in Virginia. We filed a motion to change venue since I live in Georgia and lost that. Our trial is May 21 and our response is due March 27. We have to appear in Virginia to fight this. Can I serve interrogatories and request for documents to plaintiff and file a motion to strike?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Virginia

Lawyer's Assistant: What steps have you taken so far?

Did you read anything I just wrote?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just what I just wrote.

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Answered in 6 minutes by:
3/19/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31,899
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

Did you pay a security deposit when you moved in? Did they do walk throughs with you either at the move in or move out so you could review the condition of the property together?

Also, what would be your basis for filing a Motion to Strike?

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Customer reply replied 1 month ago
We paid a security deposit and they took all of it in addition to charging $1400.
Yes. We did a walk through and noted the scratches on the floor, the bend blinds, the non working garbage disposal and the missing shelves. We did not do a walk through when we moved out as my parents actually moved us out two months after we actually moved out. The lease expired on July 27 and we moved out on May 5 but my parents actually moved everything out on July 7 and I was not there. They took pictures to show the apartment was clean and without damage.
We believe we should get our security deposit back and do not owe for damages and think the bill of particulars should be striken.

The fact that they're asking for things they're not entitled to in the bill of particulars isn't a basis for getting it stricken. That's part of what they have to prove at trial. Your job is to prove that they're lying. If you have a copy of the walk through sheet from when you moved in, you can file it as part of your response to show the things you're not responsible for. But when there's a dispute regarding the facts, it goes to trial for the judge to decide.

You can also file a counterclaim for the deposit in your response. Do you happen to know how many other properties the landlords own? And is this bill the first list they've given you explaining what was withheld and why?

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Customer reply replied 1 month ago
Thank you.

I'm asking because, if they're professional landlords and waited this long to send the notice, they may be legally required to return your deposit and pay your attorneys's fees.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31,899
Experience: Lawyer
Verified
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Lucy, Esq.
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 31,899
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