Legal Question in Landlord & Tenant Law in California
Can Landlord COUNTERSUE if I ask for security deposit + damages
In CA can LL countersue me if I ask
for (double) damages in addition to
the refund of what he took from my
security deposit but not if I only go
for amount owed? If I don't ask, but
the judge decides to award damages,
can he countersue? Thank you.
2 Answers from Attorneys
Re: Can Landlord COUNTERSUE if I ask for security deposit + damages
Yes, he can always countersue. That proves nothing.
Follow Mr. Cohen's excellent advice.
Re: Can Landlord COUNTERSUE if I ask for security deposit + damages
I'm not sure why he would want to countersue. He could ask that your amount of damages be reduced based upon whatever proof he has. The only thing I could think of is that if you maliciously damaged the property, he might countersue for that. Otherwise, it seems that any claim he might have would be a defense to your action.
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