How to Claim a Counter Suit on an Eviction
The landlord and tenant relationship is a sensitive one. The landlord has the edge of owning the property while the tenant gains the right of using it as long as he pays the rent and fulfills the necessary conditions of contract. In most scenarios, the landlord and tenant are able to settle matters among themselves in a formal manner. However, there still are numerous cases where tenants are issued notices by landlords. If you are a tenant and have received an eviction notice, you can counter sue the landlord. If the landlord has sued you because of pending rent and damages to the property which you do not agree with, you can not only answer effectively to it but also counter sue him for any money that he owes you.
Instructions
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1
Adopt an objective state of mind while answering the claims that the landlord has made. The court will send you an answer form paper with the eviction notice. You can either admit to the claims made or deny them. In both cases you can also counter sue the landlord. Most states allow 28 days for a tenant to file the answer to the notice. Make three copies of the answer sheet. Submit one, deliver one to landlord and keep one with yourself.
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2
After you have filed an answer, think of the points where you can counter sue the landlord for any damages that you have incurred because of him. These could include any gaps that the landlord did not fulfill in the agreement, pre-paid rent, improvements or repair of property you made and any injury caused by the actions of the landlord. You can also counter sue to get your security and the interest on it. Look and collect any documents that can help you with the case and give your contract a close scrutiny. These are your evidence against the landlord. Receipts and pictures are valuable assets in such a case.
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3
Since legal matters are usually very complex and hard for an average person to comprehend, hire a good attorney who can represent and defend you in court. Brief him on the case with all honesty and provide him with the evidence. Consulting the attorney before filing the counter sue can help you make your case stronger. Return the counter claim form to the court completed. Collect as much evidence as possible with the help of your attorney and prepare to go to court.
