Results 1 to 8 of 8
  1. #1
    Join Date
    Jul 2012
    Posts
    4

    Default 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

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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/

  3. #3
    Join Date
    Jul 2012
    Posts
    4

    Default 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?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  5. #5
    Join Date
    Jul 2012
    Posts
    4

    Default 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.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default 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.

  7. #7
    Join Date
    Jul 2012
    Posts
    4

    Default 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?

  8. #8
    Join Date
    Jan 2006
    Posts
    38,867

    Default 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:

    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.

    1. Sponsored Links
       

Similar Threads

  1. Security Deposits: Landlord Wrongfully Withhold Security Deposit Texas, Can Landlord Change Court Venue
    By mvp in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 08-13-2010, 12:59 PM
  2. Security Deposits: Security Deposit Laws in Massachusetts
    By adventurer2k in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-06-2010, 04:27 PM
  3. Security Deposits: How Can My Landlord Use Security Deposit
    By kitana920 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 03-12-2009, 05:36 PM
  4. Security Deposits: Landlord Isn't Following Security Deposit Laws
    By Dukiedawg in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 09-01-2008, 11:53 AM
  5. Security Deposits: How To Prove That Landlord Didn't Follow The Security Deposit Laws
    By NinePointOh in forum Landlord-Tenant Law
    Replies: 7
    Last Post: 09-22-2006, 06:38 AM
 
 
Sponsored Links

Legal Help, Information and Resources