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[va] Tenant Threatening Small Claims

Location: Virginia

Hello - I bought a condo that was already leased. The lease carried over, and we honored it. we received the security deposit from the previous owner, value of $2500.

However, at the end of the lease, during the walk through there was damage that exceeded the security deposit: paint, cleaning, appliance damage, etc. As a result we retained the entire security deposit for repairs.

The tenant asked for a copy of the move in inspection, which was not given to us during the purchase and the previous owner does not have a copy. Therefore, we truly do not have a copy of the move in inspection.

Now the tenant is claiming that 100% of the damage of the move out inspection was there and noted in the move-in inspection. This was after finding out that we do not have the move in inspection.

My question is: what would be the likely result of going to small claims court? What are my rights as a landlord?

My thoughts are that the burden of proof is on the tenant but I am not sure if that thought is correct or not.

submitted by /u/verendus2
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[va] Tenant Threatening Small Claims

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