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If you sue a landlord in small claims court to get some more deposit back can the landlord sue you for additional items?
Wiki User
∙ 8y ago
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Yes, of course. The landlord's claim for damages under the deposit is an administrative claim not a judicial claim. If you force a judicial claim by suing the landlord, they are certainly within their rights to counterclaim for everything bad you have ever done to them.
Some of the answers below refer to whether they MUST counterclaim and some of the process for going to small claims court.
:The short answer is "Yes". Anyone can sue for anything but it doesn't mean they will win. Although the rules of court governing small claims matter vary by State, and are generally more relaxed than in larger civil matters, there are certain common threads that run through most of them.
The concept of a "compulsory counterclaim" means one that arises from the same transaction or occurrence as the main claim. Typically, counterclaims of this type must be brought by the defendant within the context of the main claim (that is, within the same suit) or they will be waived. The reason usually given is that of judicial economy so that all claims arising between the parties for the same matter can be adjudicated together.
The concept of a "permissive counterclaim" means one that arises between the same parties to the underlying suit, but it can stem from a different circumstance or occurrence. As such, it does not have to be asserted as a counterclaim and can be maintained as a separate suit. Keep in mind, though, that it has to be brought within the applicable Statute of Limitations, or it will be time-barred
The applicable rules of court are generally available at the county courthouse, and frequently online. Basic forms of pleading are often furnished as well.
Wiki User
∙ 8y ago
Wiki User
∙ 14y agoYou can sue for damages, both compensatory and punitive, under certain circumstances.
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What rights does a renter have about getting their security deposit back in the state of California?
It depends on the contact or mutual agreement between the two parties. The landlord may deduct your deposit due to damages made to the unit by the tenant. Landlord may not charge for normal wear and tear as it is expected. If the Landlord says your deposit in nonrefundable then you may go ahead and sue even though you have signed the rental contract. A nonrefundable deposit is illegal in California and will not be valid in the court of law. You may also want to visit your local court on procedures you must follow before suing. A judge in small claims will want information on your part stating that you did everything in your power to settle this prior to the hearing. Good Luck!
Can a landlord hold on to your security deposit if you give less than 60 days notice that you were not renewing your lease?
If It States In The Lease That He Can. If It Isn`t Written That He Can, Take Him To Court,
What are the likely penalties for ending a 1 year apartment lease early in Florida?
The penalty for breaking the lease early is usually spelled out in the lease itself, and since contracted, it is enforceable. Check your lease.Added: If you put down a security deposit you will most certainly lose this amount, and the landlord could take you to small claims court to force payment for the remainder of the lease's unpaid rent .
Can a landlord keep a deposit if they denied a pre move out inspection?
They need to provide an itemized list of charges. Try rebutting the charges and see if that works. We went to small claims court and won. There are several sites online that tell you how to do this by scripting your presentation. Provide any copies of pictures, receipts for cleaning to the judge and the other side as you talk, so you are all on topic. It takes organization, but works. Also, dress professionally to add to your credibility. Some locales require a walk through and the landlord will lose out by refusing to meet you to do this.
What is the remedy available to the landlord when a tenant doesn't pay?
When a tenant doesn't pay his rent the landlord may begin eviction proceedings in court, which forces the tenant to move.
Can a new landlord demand an additional second security deposit of one months rent six months after the original landlord received an initial deposit equivilent to a months rent from a existing tenant?
I think he can since he is new. Did you get back your deposit from the original landlord? I would try to get it or find out where the money went. The money could have been handed over to the new landlord or landlord 1 kept it. You may be able to sue him in small claims court for your deposit.
Can a landlord take you to small claims court when they have already given you back your deposit?
Yes. If a landlord later determines that you damaged his property he can take you to court. A landlord is not required to assess damages under the deposit if they would prefer to return your deposit and sue you for more. The deposit laws are generally intended to avoid lawsuits from every landlord at the end of every tenancy.
How does a new landlord place a lien on tenants security deposit with current landlord?
You would have to go to Small Claims Court and get a judgment against the tenant. Then you could garnish the security deposit from the current landlord. Talk with an attorney for details.
If the landlord does not return the security deposit to the tenant where should you report in Massachusetts?
Usually to the county or municipal court. This is a small-claims case.
If a landlord owes a deposit and he did agree but has not paid as of yet. This was back in 10-07-07 How much can you ask for in small claims court?
Depends on your state. Please contact your local small claims court for info on your state's small claims max.
Can a landlord sue me for damages after losing in small claims court for not returning my deposit. She never filed an appeal or counter suit within the 30 day's after i won the judgment.?
If you sued the Landlord and he lost, he must give you your deposit. However he can separately sue you for damages. Whether he wins that lawsuit or not, he must give you your deposit!
Is the landlord responsible if he damages a tenant's computer?
Yes, the landlord is responsible. But keep in mind that this is not a landlord/tenant issue: it's a small claims issue. So this is heard in a small claims court inquired, not a landlord/tenant court.
What if your boyfriend paid for the security deposit on your apartment?
The landlord has an obligation to return the deposit to somebody. He wouldn't be wrong to return it to the boyfriend, but he could also return it to you. Then, if either of you feels aggrieved, they could sue in small claims court.
How do you go about getting your security deposit after waiting 2 months?
First, review the terms of your rental agreement to make sure you comply with all conditions for receiving a security deposit refund. Next, contact your landlord or property manager directly to inquire about the status of your security deposit. If they are unresponsive or refuse to return it, you can file a dispute through small claims court or seek legal advice depending on your jurisdiction.
Can you hold a washer and dryer that belongs to former landlord for deposit return?
No. Taking a washer and/or dryer is stealing. To force your landlord to return your deposit you must take him to court.
Does a tenant have to replace linoleum when he leaves?
You may have given a security deposit when you moved in and that may be kept if it can be shown that you damaged the floor. If you feel it is not justified, you can go to small claims court and sue the landlord for it. If there is no security deposit, the landlord can try and make you replace it, but his only real option is to sue you for it. Most will not go to the trouble.
landlord used a 400 security deposit for a pnt splotch on the carpet.Then spoke with my husband and demanded additional money. My hsbd pd it not knowing he had deposit. I stopped check since we already agreed upon $. He wants to press charges. can he?
Stopping a check is not a crime unless you got services or goods and then stopped payment. That is not the case here. In fact, you are claiming that the landlord is attempting to defraud you, actually.Your landlord can take you to Small Claims Court to recover what he feels he is owed, but you can present your side of the case as well. The landlord will have to show how the damages exceeded $400 with photos and estimates (or paid invoices) for the repairs. You will be asked to show proof that you paid the security deposit that the landlord retained.
