How do I counter sue a tenant for damages who is suing me for deposit return?

[eternalsunshine]

What is the name of your state (only U.S. law)? California
I am being sued by a tenant who did not get any of they're deposit back due to damages done while they lived in the rental. How do I counter sue for damages?

 

[CourtClerk]

File a defendant's claim if you're being sued in small claims court

 

[FarmerJ]

You did follow your states deposit dispositon laws ? If you didnt you dont have any defense , If you did and tenant doesnt agree with you then use your proofs and let them sue you , your proofs being pics and reciepts.

 

[CourtClerk]

let them sue you

The OP is already being sued....

 

[eternalsunshine]

landlord being sued for keeping deposit

Tenants lived in home for 3 years, had animals. During the intial walk-thru inspection landlord did not identify any damages due to animals still in house, people still there cleaning, someone cleaning the window that was broke, clothes & personal belonging left in the closet hiding the piece of carpet cut out to hide carpet damage inside home due to cats clawing the carpet causing damage. Doggy door still attached hiding damage to slider door. Tenants are suing landlords for unlawfully keeping deposit for damages unseen during intial walk-thru. Final inspection was conducted after tenants moved out. That is when the damages were detected. They are saying that because we did not see the damages and give them a chance to "fix" the problem prior to move out date that we are in the wrong. Is that true?

 

[eternalsunshine]

You did follow your states deposit dispositon laws ? If you didnt you dont have any defense , If you did and tenant doesnt agree with you then use your proofs and let them sue you , your proofs being pics and reciepts.

Tenants lived in home for 3 years, had animals. During the intial walk-thru inspection landlord did not identify any damages due to animals still in house, people still there cleaning, someone cleaning the window that was broke, clothes & personal belonging left in the closet hiding the piece of carpet cut out to hide carpet damage inside home due to cats clawing the carpet causing damage. Doggy door still attached hiding damage to slider door. Tenants are suing landlords for unlawfully keeping deposit for damages unseen during intial walk-thru. Final inspection was conducted after tenants moved out. That is when the damages were detected. They are saying that because we did not see the damages and give them a chance to "fix" the problem prior to move out date that we are in the wrong. Is that true?

 

[atomizer]

They are saying that because we did not see the damages and give them a chance to "fix" the problem prior to move out date that we are in the wrong. Is that true?

No, they are to return the property back to you in the same condition they took hold of it, minus normal wear and tear. they had all year to "fix"(in a lease one year lease) any damage they did.

 

[CourtClerk]

DID YOU SEND THE TENANTS AN ACCOUNTING WITHIN 21 DAYS AS PRESCRIBED BY LAW??? (the question was rather simple)

A simple yes or no will suffice.

 

[eternalsunshine]

DID YOU SEND THE TENANTS AN ACCOUNTING WITHIN 21 DAYS AS PRESCRIBED BY LAW??? (the question was rather simple)

A simple yes or no will suffice.

Yes I sent the good faith of itemized dedutions and estimates to the tenants on the 21st day.
Is that okay?

 

[eternalsunshine]

Yes on the 21st day I sent out a good faith estimate of damages.