Counterclaim after suing landlord. Will it hold up in court?

[maddie08]

What is the name of your state (only U.S. law)? Indiana

My husband and I moved out of a home we lived in for 3 years in August. We only received approximately 1/3 of our deposit back although things were in very good condition upon move out. After a couple of attempts to get the issue resolved without taking it to court (including a certified letter) went completely ignored and unanswered, we filed against the landlord for the full amount of the deposit. Almost a month after filing, we have received notice of a counterclaim for additional damages and late rent charges.

We were indeed late on our rent a few times in the 3 years we lived there. My husband used to work with our landlord, so we were on pretty friendly terms during our lease. When we knew we'd be late, my husband would call him. Each time he offered to pay the late charges as listed on the lease, and each time he would say, "naw, man, don't worry about that. Just pay me as soon as you can."

While the charges were legitimate and valid while we lived there, can they still recover these fees in one lump sum in retaliation through a counterclaim?

 

[Antigone*]

What is the name of your state (only U.S. law)? Indiana

My husband and I moved out of a home we lived in for 3 years in August. We only received approximately 1/3 of our deposit back although things were in very good condition upon move out. After a couple of attempts to get the issue resolved without taking it to court (including a certified letter) went completely ignored and unanswered, we filed against the landlord for the full amount of the deposit. Almost a month after filing, we have received notice of a counterclaim for additional damages and late rent charges.

We were indeed late on our rent a few times in the 3 years we lived there. My husband used to work with our landlord, so we were on pretty friendly terms during our lease. When we knew we'd be late, my husband would call him. Each time he offered to pay the late charges as listed on the lease, and each time he would say, "naw, man, don't worry about that. Just pay me as soon as you can."

While the charges were legitimate and valid while we lived there, can they still recover these fees in one lump sum in retaliation through a counterclaim?

You'll have to see in court. The defendent is well within his rights to bring this claim, just as you are well within your rights to bring yours.

 

[maddie08]

Thank you. I had a feeling the outcome of this would depend heavily on who the judge is and how he is feeling that day!

 

[Gail in Georgia]

You might have a better chance of winning if you focused less on how the judge is feeling that day and more on making sure you have evidence to back your claims that what the landlord kept out of your security deposit was inaccurate.

Gail

 

[maddie08]

Yes, Gail. I'm not worried about that part. I already have my evidence ready to go for the lawsuit that I filed. I'm only concerned with the counterclaim at this point.

 

[Searchertwin]

What is the name of your state (only U.S. law)? Indiana

My husband and I moved out of a home we lived in for 3 years in August. We only received approximately 1/3 of our deposit back although things were in very good condition upon move out. After a couple of attempts to get the issue resolved without taking it to court (including a certified letter) went completely ignored and unanswered, we filed against the landlord for the full amount of the deposit. Almost a month after filing, we have received notice of a counterclaim for additional damages and late rent charges.

We were indeed late on our rent a few times in the 3 years we lived there. My husband used to work with our landlord, so we were on pretty friendly terms during our lease. When we knew we'd be late, my husband would call him. Each time he offered to pay the late charges as listed on the lease, and each time he would say, "naw, man, don't worry about that. Just pay me as soon as you can."

While the charges were legitimate and valid while we lived there, can they still recover these fees in one lump sum in retaliation through a counterclaim?

On the late fees, you said yourself, "Just pay me as soon as you can." This meant LL expected to be paid, not" Forget about the late fees".
You should have had a inspection at end of tenancy and you should have taken pictures. If you didn't, it might be hard for you to prove things. So keep these things in mind.

 

[maddie08]

About the inspection and photos, yes, I know that now. We've always dealt with very honest people in the past and this has never been an issue. This is not a mistake that we will make again.

The late fee issue...no, he said forget about the late fees, just pay the rent. We offered to pay fees. He refused them at the time.

Also, I have gone over the paperwork that I received regarding the counterclaim. We are being charged for RIDICULOUS items. Weed-B-Gone for the yard??? We cannot CAUSE weeds in the yard. When we moved in, there were weeds EVERYWHERE. We sprayed for weeds twice when we were there, and the problem was much better. Not our responsibility, according to our lease, but we did it anyway.

We are also being charged for mowing, when we mowed 2 days before move out. In the paperwork, they show that they mowed 2 WEEKS after our move out date. If they had to mow 2 weeks later, this is NOT our problem.

Also, we are being charged for a maintenance call. In 3 years, we called them TWICE for maintenance. Although we didn't need to, we took care of most maintenance issues on our own. The issue we are being charged for was when our heat stopped working in January of this year. It turned out it was the battery in the thermostat, but how in the hell would we have known that?! We aren't HVAC specialists. All we knew is that our heat wasn't working, and it was their responsibility to make sure it worked again.

I am hoping that the ridiculous nature of some of their claims will be enough to discredit them in court.

 

[FarmerJ]

LL will look pretty poorly trying to defend lawn mowing after you moved out , weed control again not easy for LL to defend , LL would have had to taken pics before you moved in showing a pristine /perfect lawn and then pics the day you moved out showing one heck of alot of weeds. Battery in Tstat and maint charges its very fair for you to argue that LL should have either replaced the battery them self before the start of the heat season or instructed you via your lease to replace the battery before trhe heating season started other wise there is no reason you would have even known there was a battery in it. Relax a bit about it , the court will see poor claims for what they are.

 

[maddie08]

Thank you, FarmerJ. This makes me feel more comfortable and confident about the situation.