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San Bernardino and Riverside Counties The Inland Empire
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Old 07-29-2014, 07:31 PM
 
8 posts, read 9,039 times
Reputation: 10

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We moved out of our house in March, 2014, after 4 years of renting. Did an in-person walkthrough with the Mrs. (the owner) before handing her the keys and the clickers. Asked her if everything was ok, if there were any concerns, and she said "It looks good to me!"

Husband emails me the next day with a scathing email of all the "damages" to the house for a total of $1463. Even by his outrageous and false claim, the remainder of the deposit would have been $537, which he never returned. Asked for it, never got it.

Sued in Small claims and was awarded judgment for $2020 plus costs...never paid me. Judge said he lost because he never gave me a list on the day of walkthrough and an opportunity to fix it (because there WERE no damages!!)

Today I get served a small claims action by them for $2635..not an appeal, a whole new suit. I guess the "damage" went up .... it's all a crock.

Tomorrow I'm going to file a countersuit to this new action telling the judge that landlord didn't APPEAL the first suit (because he couldn't win it), and hasn't paid it, and it looking to offset his (nonexistent) losses by using this alternative route.

I'm going to countersue for 3x the amount of the original judgment, $6060 for frivolous, reckless, and malicious prosecution. They have been landlords for many many years and know the law.

They really are bullies and count on intimidation and hoping you can't or won't show up!

Am I doing the right thing?

Thank you!!
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Old 07-30-2014, 01:49 PM
 
Location: SoCal desert
8,091 posts, read 15,433,844 times
Reputation: 15038
You'll probably get more results/answers/opinions over in the Rental Forum.
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