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Countersuing Over Landlord's Violation of Security Deposit Laws

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  • 07-21-2012, 06:59 PM
    jmm528
    Countersuing Over Landlord's Violation of Security Deposit Laws
    Hello

    So me and my other 4 roommates just moved out of our house which was rented for one year. I just received notice that our landlord is suing us for $3000! Upon receiving notice and contacted my local consumer affairs department and they said that he cant do that and has to follow proper procedure which is filling a claim through their office.
    With the letter I received i also got a list of what was "fixed", cost of the repair and how long it took. Now, A) Things that were definitely not damaged were "repaired", B) The time it took to repair something was drastically over exaggerated to the point where it is pretty obvious that he is trying to cheat us. My question is can I counter sue my landlord for Fraud, misrepresentation or fraudulent misrepresentation, or anything else for that matter?

    Thanks

    John
  • 07-21-2012, 07:49 PM
    jk
    Re: Counter Suing My Landlord
    ya forgot the state in this duplicate post John. You were asked for the state plus, don't double post/
  • 07-21-2012, 08:14 PM
    jmm528
    Re: Counter Suing My Landlord
    Quote:

    Quoting jk
    View Post
    ya forgot the state John. Can't tell you anything about your situation without the state John.

    haha shit. California. Would it really matter about the state tho?
  • 07-21-2012, 08:51 PM
    Mr. Knowitall
    Re: Counter Suing My Landlord
    Of course it would. You were told that when you posted - both times. You were prompted to identify your state - both times. You were told not to double-post - both times. You're not hanging out at the bar with your buddies - respect the forum rules and watch your language.

    Now, if you don't mind, tell us the actual U.S. state you're in. If you're not in the U.S. we can't help you.
  • 07-21-2012, 09:26 PM
    jmm528
    Re: Counter Suing My Landlord
    Quote:

    Quoting Mr. Knowitall
    View Post
    Of course it would. You were told that when you posted - both times. You were prompted to identify your state - both times. You were told not to double-post - both times. You're not hanging out at the bar with your buddies - respect the forum rules and watch your language.

    Now, if you don't mind, tell us the actual U.S. state you're in. If you're not in the U.S. we can't help you.


    sorry. I'm actually in canada. I just figured concepts would be transferable between countries.
  • 07-21-2012, 09:55 PM
    Mr. Knowitall
    Re: Counter Suing My Landlord
    General concepts like the guy who you rent from being your landlord, his charging rent and taking a security deposit, your being a tenant... yep. The details of your and his rights and duties at the end of a tenancy and how you would pursue claims against each other? Nope.
  • 07-21-2012, 10:16 PM
    jmm528
    Re: Counter Suing My Landlord
    Quote:

    Quoting Mr. Knowitall
    View Post
    General concepts like the guy who you rent from being your landlord, his charging rent and taking a security deposit, your being a tenant... yep. The details of your and his rights and duties at the end of a tenancy and how you would pursue claims against each other? Nope.

    so his gross exaggeration in an attempt to uptain money from us inst fraudulent misrepresentation?
  • 07-22-2012, 09:23 AM
    jk
    Re: Counter Suing My Landlord
    Quote:

    Quoting jmm528
    View Post
    so his gross exaggeration in an attempt to uptain money from us inst fraudulent misrepresentation?

    Huh? If you are speaking of your landlord, I'm guessing English isn't your primary language. As Mr. K states, the specific laws of what a landlord can do may be greatly different between Canada and any of our 50 states (and each of those states have differing laws addressing the matter. Some may agree with each other. Others may be very different.)

    the first and most obviously differing fact is this:

    Quote:

    Upon receiving notice and contacted my local consumer affairs department and they said that he cant do that and has to follow proper procedure which is filling a claim through their office.
    Nothing of the sort here in the US in any state I am aware of. The LL makes a claim and if the tenant refuses to pay, the LL has the option of suing to attempt to obtain a judgment.

    Then, nothing you stated would allow a claim of fraudulent misrepresentation, or anything else, at least as the basis for countersuing. Here, if sued, you simply defend the claims. The judge determines the "winner" using the facts presented.
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