small claims 4 breaking our lease..and counter suing 4 property

[missy1977]

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

ok..this is a long story i will try to make short..me and the ex had an apartment together in both our names.he went crazy and we broke up..he didnt want the apt so i kept it..he came get a few things with a cop. i had sum stuff in his storage shed that he wouldn't let me get out. he kept saying he would let me get my stuff out his shed once i let me get all his stuff out the apt. well months went by and he never came for it, i tried texting him to come get it and he still never came get it.

so he went crazy on me again and i ended up getting a restraining order on him and i told the judge he wouldn't let me get my stuff out of his storage shed, the judge asked him why are u not letting her get her stuff out..he told the judge it was bc he wanted his stuff out my apt first. i told the judge ive been trying to get him to take the stuff out my apt. the judge ordered him to get the stuff out my apt (didn't give a date) then he said after i would be able to get my stuff...

ok here is the thing..months and months went by he STILL never came get his stuff out my apt! finally i called the cops to go get my stuff, he finally let me but gave me a week to get my things out. NEVER said nothing about his stuff at my apt..well i couldn't contact him but i did text his daughter telling her to tell her dad that he had a week to get his stuff out my apt or i was putting it to the dumpster. never heard anything from anybody, so i threw most of it away.

now im taking him to small claims court bc he broke our lease agreement and owes me money. so now he is counter suing me for all the stuff he left in my dam apt. his name was off the lease a few months after he moved out. so the apt has been just in my name for the last 6 months...so what im asking is does is have a case? will i have to pay him back for all the stuff he left and didn't care about until i sued him?

 

[HomeGuru]

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

ok..this is a long story i will try to make short..me and the ex had an apartment together in both our names.he went crazy and we broke up..he didnt want the apt so i kept it..he came get a few things with a cop. i had sum stuff in his storage shed that he wouldn't let me get out. he kept saying he would let me get my stuff out his shed once i let me get all his stuff out the apt. well months went by and he never came for it, i tried texting him to come get it and he still never came get it.

so he went crazy on me again and i ended up getting a restraining order on him and i told the judge he wouldn't let me get my stuff out of his storage shed, the judge asked him why are u not letting her get her stuff out..he told the judge it was bc he wanted his stuff out my apt first. i told the judge ive been trying to get him to take the stuff out my apt. the judge ordered him to get the stuff out my apt (didn't give a date) then he said after i would be able to get my stuff...

ok here is the thing..months and months went by he STILL never came get his stuff out my apt! finally i called the cops to go get my stuff, he finally let me but gave me a week to get my things out. NEVER said nothing about his stuff at my apt..well i couldn't contact him but i did text his daughter telling her to tell her dad that he had a week to get his stuff out my apt or i was putting it to the dumpster. never heard anything from anybody, so i threw most of it away.

now im taking him to small claims court bc he broke our lease agreement and owes me money. so now he is counter suing me for all the stuff he left in my dam apt. his name was off the lease a few months after he moved out. so the apt has been just in my name for the last 6 months...so what im asking is does is have a case? will i have to pay him back for all the stuff he left and didn't care about until i sued him?

**A: hard to say due to the mess.

 

[latigo]

Please don’t fret over it missy. I know you are, but I don’t see any reason to worry.

Because under the circumstances I don’t think he has a chance in Hades of the judge awarding him one red cent on his counterclaim.

You just explain - as you have here - all the efforts you made to give him every opportunity to remove his junk from the apartment and that he failed to do so.

Do that and I’m fairly confident that the judge will rule that he legally abandoned his personal effects.

Furthermore, if this stuff were so dear to him why did he wait until you sued him before making any effort to hold you responsible?

Be sure to emphasize that point. That until you sued him for leaving you high and dry on the lease he never once called or wrote neither asking for his stuff nor if it was still in the apartment, or that you pay him for it.

The judge will understand that his counterclaim is merely a typical deadbeat maneuver on his part. He is trying to play games with the court system and judges don’t appreciate people wasting their time with such nonesense.

You just be sure to get your ducks in line to prove what he owes you in contribution to one half of the lease payments you have been required to pay.

Good luck

 

[missy1977]

thanks so much!