My ex-roommate made kitchen really dirty and left . Can I file a suit in small-claims court?

Asked 4 months ago - Arlington, VA

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ex-roommate and I both are renters. He cooks everyday while I never cook. I eat out normally. My friends can testify on that.
When ex-roommate decided to leave, I asked him to clean the disgusting grease on the wall and he verbally agreed. (We did not sign any thing on this. just by oral promise) He did nothing when leaving. I am really uncomfortable. Can I fill a suit against him, asking him to pay the cleaning fee?

Additional information

He left after living here for 4 years and I decided to stay here. When he left, I found new roommate to renew the lease together. Therefore, there was no cleaning fee charged by the landlord. But, the ex-roommate cooked on a daily basis while I ate out in the past. He orally agreed to clean those grease but he did not. Do you think I can file a lawsuit? What evidence do I have to bring? Thanks.

Attorney answers (3)

  1. Contributor Level 20

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    Lawyer agrees

    Answered January 24, 2013 10:34. Unclear what you mean by 'left'. Did he terminate early? Breach contract? Do you have evidence if this agreement? Can you show that absent the grease you would not have had a cleaning fee? Can you apportion the proper percentage of the overall cleaning fee to HIS cooking? Who set the cleaning fee and who determined it had to be a professional cleaner?
    My two cents, not worth the trouble,its not clear that you even have an arguable case.

    READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia.... more
  2. Pro

    Contributor Level 17

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    Lawyers agree

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    Answered January 22, 2013 08:57. Technically speaking, you have a legitimate complaint and may have an oral contract which your roommate breached.

    Practically speaking, however, the time and effort spent in filing a small claims action, serving the defendant, and in going to court will be more of an effort than what the case is worth. If I were you, as angry as I would be, I'd chalk it up to a lesson learned through experience and move on.

    DISCLAIMER: Brandy A. Peeples is licensed to practice law in the State of Maryland. This answer is being provided... more
  3. Contributor Level 16

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    Lawyers agree

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    Answered January 22, 2013 09:21. Ms. Peeples is right. If you want to pursue court action this link takes you to the small claims court procedures in VA http://www.courts.state.va.us/resources/small_c...

    -Michael R. Juarez Law Office of Juarez and Schaeffer PO Box 16216 San Diego, CA 92105 (619) 804-4327 www.jslaw.... more

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