My past landlord are countersuing me, after suing them for the rest of my deposit back?

Question

I sued my landlords because they took 110 our of my deposit to pay for a new door and storm door, both of which I did not damage, and 20 for excessive garbage upon moving out, you move out, you have trash, its common knowledge

they're countersuing me for
1. Assumptions that I was growing pot on their property (which will impact my credibility)
2. leaving stains on the carpet ( if they're that bad then why didn't they take them out of my deposit)
3. Leaving a mean message on their phone
4. Leaving a mess outside on occasion ( we barbecue, do wood projects and the like and sometimes leave stuff outside, but they've never had to move our stuff)
5. having someone else live with me (2 week guest)
6.having a cat ( we got caught with a cat twice, but everyone else in the building has one, so why cant we, bullshit!)
7. having a fire in the backyard after asking and told that we couldn't. (we actually burned a habotchi fueled by wood for the coals)

can they sue us for this? especially for $25

$250, it got cut off

Answer 1

They can sue, and they have. Your points are valid, and your main point should be that if you had caused all this damage, why did you get any of the deposit back. Further, it will show the judge what type of people they are. Now, be polite, do not interrupt and let them be the villains. Speak when it is your turn.

Answer 2

Yes, you can sue. You may be able to sue for double or triple the security deposit amount depending on your states laws. Generally, the tenant is required to give a forwarding address in writing upon move out. First, you would have to check your state's landlord tenant laws. Then you will need to send a certified return receipt requested letter demanding the full deposit be returned in X number of days. If the landlord does not send the deposit per your official demand, then you file in Small Claims court. Generally, attorneys are not needed for Small Claims cases. If you win the case, the court costs are added to your judgment. Yes, it is worth it to sue, even if you only get the judgment. At some point you may collect on that judgment with court ordered interest. A judgment can be renewed for 20 years in most states.

Answer 3

1.) Does he have proof?
2.) Were those stains there when you moved in? If not, thats a plausible reason.
3.) Depending on the message, it can be construed upon as a threat. With new laws now in effect, not good.
4.) If the mess is always there 24/7, possibly.
5.) That shouldn't be much of a problem, considering the small amount of time.
6.) Maybe the people with animals and the like have to pay more. He probably wants his cut for people who have animals but state otherwise.
7.) The fire can be considered a fire hazard.
For all of above, you need to look into the by-laws. Also look into rules and regulations and what kind of laws protect you, the tenant and the scum sucking landlord. The $25 dollars might go to small claims court.


Well , good luck to you.

Answer 4

Yes, they can sue, but it doesn't seem to me that they would win, just based on the info you provided here.

Some of that looks like it was a definite breach of your lease, and ones that the court might look especially hard at is the pet and the person staying there for two weeks.

The other damages should have been itemized in the deposit refund -- they can't just charge you for them now because you pissed them off, so you can definitely argue that they are simply adding those now because you sued them, and the judge will likely be on your side.

If they can't prove that you grew pot in there (something concrete like an arrest or police report, just someone they pay saying "I smelled it once" or something won't be enough and can even count as libel if they pursue it), they can't charge you for it.

I think you should hire a lawyer, or look into a legal aid or eviction clinic -- they would have attorneys who can help you fight this. Call the bar association in your area and ask where they have something like that.

Answer 5

As for excessive garbage, you are supposed to place any garbage in the appropriate dumpster when you leave. ANY garbage left in the apartment itself is excessive.

As for the cat, most apartments require an increased deposit AND higher rent if you have pets. Perhaps everyone else in the building paid for the pets.

They CAN sue for anything. What they can win is a separate question.