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Wow, he countered it? So how much did he come down on everything and why? That right there should show the judge what this guy is doing and should help your case along with the rest of it especially if the charges are still not justified or chargeable.
Hi Corn-fused, yes former LL did counter it. LL originally charged us 8000+, minus our $1800 security deposit, so that brought it down to just over $6000 that LL was asking for. Now LL is down to $5000, but also keeping our $1800 security deposit. It is not explained in the counterclaim why the lower number. In fact, most of the wording seems purposely vague. To me this is a red flag and hopefully the judge sees this (in fact, I'll bring it up) as another issue against former LL.
Today I am getting all my ducks in a row (printing things, getting my photos/videos in order, printing out text message transcript) and making sure I go over all of it meticulously. Really hoping I can return tomorrow to this forum with a good result! Thank you everyone for your help.
Remember to arrive early and be prepared to wait a long time, bring a book you don't want to appear annoyed in front of the judge because of the wait time. Don't interrupt or even roll your eyes when your landlord is speaking no matter how much he is lying, very common when people disagree is to express it which can **** some judges off. Speak your piece and let him speak his and remain respectful. Man this was a few months ago and I regret giving you some of the advice I did, which is why you should always consult an attorney, sorry. The judge will decide how much of the floor replacement he can charge you, if any, and the whole ordeal will be over by lunch. Good luck.
Hi AZ Manager, what advice do you regret giving me? I don't feel like I got any bad advice on this forum. I did end up consulting an attorney anyway, and most of what he said completely aligned with what people recommended. We are willing to pay for a portion of the floor replacement, but just not the entire thing.
Thanks for the advice about keeping my face in check - I am definitely an emoter so I'll try to keep it under wraps haha.
Yeah, I am curious also as to what advice he regrets giving you LL was still late no matter how you look at it. So no matter what the LL is now charging you, you should be awarded damages for him being late and come out way ahead. As far as I see with his counter claim, is that the LL is back paddling and trying to minimize his damage before he ever gets to court. No?
Last edited by Corn-fused; 09-22-2015 at 07:02 PM..
Corn-fused, that's how I looked at it too. LL is still definitely late and acknowledged as such in the letter sent via his counterclaim. I would agree that LL seems to be backpedalling and that could be advice from lawyers.
I sure wouldn't worry about it. Just go in prepared, keep it to the point and professional with no emotion and watch him squirm and try to justify his way out of all of this. What he has done thus far is a clear indicator that he is sweating bullets. I think he knows he is going to pay big time with double or triple damage plus the court and attorney costs so he (as I am sure was advised by his attorney) has to come up with something that looks legit to try to mitigate some of that monetary damage.
And that is all just my personal opinion based on everything you have told us. It is not a legal opinion by any means.
No problem, thanks Corn-fused. Really appreciate the opinion. My gut is telling me that my former LL is also thinking that the counterclaim should request an amount to try and soften the blow. Glad you're seeing that too. Thanks!
WE WON! We are getting nearly our entire security deposit back! I'm too excited and exhausted from court today to write out all the details right now, but I PROMISE I will give the full story to this forum in asap. Just wanted to get that out there. Thank you to everyone for all the advice and information, it helped point my wife and I in the right direction.
Now to figure out how to get our actual money...
Again, I promise detail will be listed asap. This forum helped me so much, and I want to make sure I give enough details to help anyone in the future who needs help for a similar situation.
YAY!!!! Congratulations! Good for you! Thanks for this update Can't wait to hear the details.
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LL was still late no matter how you look at it. So no matter what the LL is now charging you, you should be awarded damages for him being late and come out way ahead. As far as I see with his counter claim, is that the LL is back paddling and trying to minimize his damage before he ever gets to court. No?
Thanks for this update 
Can't wait to hear the details.
