What is the name of your state (only U.S. law)? Ohio
Good evening. For the sake of clarity, I will try to keep this inquiry short, but let me know if any additional information would be useful.
Almost exactly one year ago I moved out of an apartment. I had a yearly lease, which lapsed, I then opted to continue leasing on a month to month basis. This monthly lease only required a 60 day notice to move. I provided required notice to move and "crossed all my Ts". On paper, I was set to move by December 1, 2015. I was out of apartment, keys returned, smooth and easy process.
A few months pass, and I have yet to receive my returned security deposit. I emailed the property manager, she investigates with the corporate accountants. On paper, I owe a balance to the tune of, give or take, $24,000. It seems my move out paperwork was never submitted by the property manager to corporate, and was being charged with a broken lease liability, miscellaneous charges, etc..
Fortunately, and thankfully, all prior required notice to move paperwork and correspondence regarding this issue was via email. I provided her copies of the emails, which included the move out notice, which she in turn provided to corporate.
She admitted a mistake had been made on their and apologized. We had some back and forth email correspondence in an attempt to resolve. This was as effective as playing a game of telephone, as she was simply just the man in the middle. In short, nothing was resolved. About this same time I received an invoice in the mail for the previously incorrect balance. In response I sent a dispute letter via certified mail to their corporate office. No response. I then sent another copy, again via certified mail, no response.
Fast forward again, I receive a letter from their attorney stating the debt owed. Send my original letter for a third time, again via certified mail, to both the leasing company's corporate office and the attorney. No direct response, some generic form letter recognizing a dispute in dollars owed.
At this point, I am trying to find motivation to file civil suit to obtain my monies owed (security deposit balance), when I receive a summons from the court on their behalf. The leasing company is attempting to sue for the money they believe they are owed.
TLDR; Moved out of apartment after filing all required paperwork, no lease burden. Leasing company accounting department has royally messed up my tenant ledger. Leasing company thinks I owe them money, when in fact they owe me security deposit, and spoiler alert; I have full audit trail of email correspondence with property manager, who admitted they made a mistake, and the ledger is completely incorrect. Fast forward to present day, the leasing company has summoned me in a civil suit for money they admittedly do not owe me.
I could really use some direction as how to accomplish the following (I don’t imagine needing an attorney, this couldn’t be any more of an open and shut case):
++ I need to file an answer to the summons, where can I find an "answer" template? Should evidence be included/attached?
++ I will need to counter sue. Can this be accomplished with the above "answer"?
++ I am clearly not an attorney. If I hire one, can my counter suit include these additional incurred costs? I would assume interest and filing fees as well? Anything else?
Thank you for any direction you can provide!
Good evening. For the sake of clarity, I will try to keep this inquiry short, but let me know if any additional information would be useful.
Almost exactly one year ago I moved out of an apartment. I had a yearly lease, which lapsed, I then opted to continue leasing on a month to month basis. This monthly lease only required a 60 day notice to move. I provided required notice to move and "crossed all my Ts". On paper, I was set to move by December 1, 2015. I was out of apartment, keys returned, smooth and easy process.
A few months pass, and I have yet to receive my returned security deposit. I emailed the property manager, she investigates with the corporate accountants. On paper, I owe a balance to the tune of, give or take, $24,000. It seems my move out paperwork was never submitted by the property manager to corporate, and was being charged with a broken lease liability, miscellaneous charges, etc..
Fortunately, and thankfully, all prior required notice to move paperwork and correspondence regarding this issue was via email. I provided her copies of the emails, which included the move out notice, which she in turn provided to corporate.
She admitted a mistake had been made on their and apologized. We had some back and forth email correspondence in an attempt to resolve. This was as effective as playing a game of telephone, as she was simply just the man in the middle. In short, nothing was resolved. About this same time I received an invoice in the mail for the previously incorrect balance. In response I sent a dispute letter via certified mail to their corporate office. No response. I then sent another copy, again via certified mail, no response.
Fast forward again, I receive a letter from their attorney stating the debt owed. Send my original letter for a third time, again via certified mail, to both the leasing company's corporate office and the attorney. No direct response, some generic form letter recognizing a dispute in dollars owed.
At this point, I am trying to find motivation to file civil suit to obtain my monies owed (security deposit balance), when I receive a summons from the court on their behalf. The leasing company is attempting to sue for the money they believe they are owed.
TLDR; Moved out of apartment after filing all required paperwork, no lease burden. Leasing company accounting department has royally messed up my tenant ledger. Leasing company thinks I owe them money, when in fact they owe me security deposit, and spoiler alert; I have full audit trail of email correspondence with property manager, who admitted they made a mistake, and the ledger is completely incorrect. Fast forward to present day, the leasing company has summoned me in a civil suit for money they admittedly do not owe me.
I could really use some direction as how to accomplish the following (I don’t imagine needing an attorney, this couldn’t be any more of an open and shut case):
++ I need to file an answer to the summons, where can I find an "answer" template? Should evidence be included/attached?
++ I will need to counter sue. Can this be accomplished with the above "answer"?
++ I am clearly not an attorney. If I hire one, can my counter suit include these additional incurred costs? I would assume interest and filing fees as well? Anything else?
Thank you for any direction you can provide!
