What is the burden of proof on a landlord claiming damages beyond normal wear and tear?

This is a link for the Virginia Landlord & Tenant Act. http://www.dhcd.virginia.gov/HomelessnesstoHomeownership/PDFs/Landlord_Tenant_Handbook.pdf The specific answer to your question is that the Landlord only needs to itemize the cost of the damage to you in writing. To get your deposit back from the Landlord, you would need to sue and you would have to prove your case. (I dont know if there are other options available in Harrisonburg. Check with the Court Clerk if there is a small claims court or if there is a process for mediation in L&T cases.) To make a credible case, it seems to me that you would need to have some proof about the condition of the carpet at the beginning of the rental term and the condition when you moved out. You probably signed a form when you moved in saying that everything was OK. And, if the Landlord has already removed the old carpet, it would be hard to prove your point that the carpet only needed to be cleaned. If you sue, you may be able to find a friendly realtor or landlord who can testify for you that carpet in a rental only has a useful life of 3 years or if there is a 5 year useful life, you may be able to argue that you are entited to some pro rata credit on the cost of replacement. If you are a student at JMU, you may qualify for assistance by the Legal Aid office in Harrisonburg. I am certain they have dealt with this many times in the past.