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EagleFan
09-12-2012, 02:15 AM
I just received notice that I am being sued. Wondering what my best options are.

Here's the short version. Received a bill from the old place that I used to live for what they claim to be repairs. I wanted to fight some of them because they were basic upkeep which i paid for in my rent (like screens damaged during a storm). I decided no to as i just wanted to close that chapter. We paid the money the beginning of August. They filed suit against us last week. WTF?

I will be contacting them to find out what is going on. I just want this to be over with but if they go ahead with this what are my potential risks? I can't see how I should be liable for anything that I paid over a month before they filed suit. Can i go after them for fraud if they continue? Or a counter suit for legal cost?

albionmoonlight
09-12-2012, 07:33 AM
This will be a matter of pure state law, so the answer will really depend on that.

IN GENERAL, there are statutes forbidding unfair, deceptive, and/or harassing behavior, which might allow you to collect damages in a countersuit. But, again, that will really depend on your own state's law.

I think that you are right to contact them and see what they want. It might be a miscommunication--they sued you not realizing that you had already paid.

Most law schools have a free clinic to provide legal services. Even if you do not qualify, they might be able to refer you to a private attorney. That would probably be my first inquiry. Also, most state Attorney General websites have an FAQ section for consumers that contains a section on landlord/tenant law. That would be worth checking out, too.