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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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I had business like gas pump with I had a lease

Customer Question

I had business like gas pump with I had a lease fro until Nov. 15th and I moved out. Before I moved out landlord done all inspection and landlord was agree.Landlord paid all my inventory but he didn't pay my gas money. After that he repaired what he want. Now he does not pay my all money but he want to pay only half money. So what can I do?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.


This is Samuel. I suggest, you can request from him a detailed and Itemized list of all the repairs he made and the cost for those. The tenant should only be responsible for the cost of repairs that were not normal wear and tear or if it is a repair out of the realm of normal wear and tear the Landlord needs to be able to show that the tenant caused the need for repair.

And so once you get that itemized list, if you disagree with him and he will not provide more of or your entire deposit to be returned, you can sue him in small claims court.

Expert:  Sam replied 1 year ago.

Please click onto this LINK and read the VA law regarding security deposits and the return of them and what the LL must do to comply with the law

Expert:  Sam replied 1 year ago.

And you can read This LINK for what your responsibilities were as a tenant

Expert:  Sam replied 1 year ago.

If you decide to sue, you can do that on your own in small claims. You can get the forms to file from the clerk of the court in the county where the rental is located.

Expert:  Sam replied 1 year ago.

The small claims court has jurisdiction over civil cases in which the plaintiff (you) is seeking a money judgment up to $5,000 or recovery of personal property valued up to $5,000

Customer: replied 1 year ago.
He is holding my gas money about more then $ 25,000.
Expert:  Sam replied 1 year ago.

Ok. Then you need to sue him in Circuit court and for that you should at least consult with a local attorney who can draft that complaint for you.

Expert:  Sam replied 1 year ago.

Or it may be possible the local attorney can write him a letter and try to negotiate for you. Suing in Circuit court is more difficult for the layperson than small claims court.

Customer: replied 1 year ago.
My lease expired on Nov. 15th, 2016. And I was selling the gas until Nov. 14th,2016 So I sold the gas to customer so that money he was holding
Expert:  Sam replied 1 year ago.

And you may be able to get a local attorney to at least draft the letter of negotiation and then a complaint, if you need sue and you can file it and represent yourself to say on legal costs.

Expert:  Sam replied 1 year ago.

Right. Thank you for the clarification. And your recourse is to try to negotiate it with him or file a lawsuit in the Circuit Court.

Expert:  Sam replied 1 year ago.

Unfortunately, you need to take the civil route as there does not appear to be any crime involved.