Do I have to file a counter claim against them.
2007-02-15 17:12:19 · 8 answers · asked by Brian W 1 in Politics & Government ➔ Law & Ethics
In your case, you just have to defend the case. If you loose, he will keep the deposit. If you win, you will get back you deposit back. You don't have to counter suit unless you are asking for more than your deposit. Small case like yours, It's open and shot.
If your landlord has pictures of damage and estimate from pro shop, you will loose the case. I manage rental property.
2007-02-16 05:05:41 · answer #1 · answered by novak-9 4 · 0⤊ 0⤋
In most states, this would be a mandatory cross-complaint. You can pick up the necessary forms from the court clerk's office and you may need to pay a small filing fee. The laws on the landlord's duty to return the deposit will vary by state, so you may want to check out the website for your state's Department of Consumer Affairs for further information.
2007-02-16 16:36:15 · answer #2 · answered by Carl 7 · 0⤊ 0⤋
Yes, awesome. You did the right thing! Leave it up to the small claims court. Some landlords are evil like that and try to get away with keeping your money illegally.
2016-05-24 05:57:16 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Yes. It is assumed in the law that the deposit was rightfully yours. If he has filed to keep the deposit - then you need to file to keep it as well....... He has already "fiuratively" informed you that he has no intentions of returning it. And the courts will want to know why he "Jumped the gun" with court before even attempting to resolve or contact you................ GOOD LUCK
2007-02-15 17:16:47 · answer #4 · answered by VocalistGirl 3 · 1⤊ 0⤋
If you have already paid the deposit he has no way of filing a small claim. You have already paid, why would he file?
2007-02-15 17:40:44 · answer #5 · answered by ncgirl 6 · 0⤊ 0⤋
Yep, unless you want a seperate court date. might as well counter claim and get it all done in one day.
good luck!
2007-02-15 17:15:16 · answer #6 · answered by independent101 5 · 1⤊ 0⤋
Just pay yor ex-landlord for the damage you caused and be done with it.
2007-02-15 17:15:17 · answer #7 · answered by acesfourpal 4 · 0⤊ 1⤋
you can, but why are they filing it? If he can prove there was damage or reapirs to be made your unlikely to win but good luck anyway
2007-02-15 17:15:40 · answer #8 · answered by rose_merrick 7 · 0⤊ 0⤋