Broke lease re Uninhabitable, roach-infested property

[cb560]

CA - Signed 1-yr lease while renovations were going on, found a huge roach infestation upon move-in attempt, and a history of it despite repeated fumigation efforts by landlord, regretfully after signing. Never actually moved in, demanded deposit and first month rent back. Landlord obsfuscated. Given history (and continuing incidence) of pests, looks like place is not going to be rentable. We asked for settlement, return of funds. He sent an outsized estimate for rents due near $18K (too large for small claims) and included other costs with some factual errors in estimates. Finally after we threatened small-claims action for return of our funds, he responded with a threat to counter-sue if we proceeded.

So, what's our best course of action - (a) take the steps to sue in small claims. If so, could landlord counter-sue in a different court, since potential claimed amounts by him are over $10k? Could there be 2 lawsuits running? Could this then become time-consuming and messy? The biggest objective is to move ahead, but there is concern that he could pop up out of the woodwork down the road if no action is taken now, and we do not need that potential claim hanging out there; OR (b) do we not file a small claims lawsuit - just sit tight and wait for him to make the next move. If he does file a claim later, then defend it since photo evidence and factual detail collected all can refute his self-serving claims. And then file a small-claims demand.

Any legal 'do's and don'ts' we should know about in this case? Thanks much

[AFFA]

I wish to inform you that landlord can file a counter claim. In this regard generally the action will be in one court only and there will be one lawsuit. If amount of claim is more then whole case can be referred to next court. You can self represent yourself in any court. You can be held liable for the amount of rent for which premises were held by you. As the house is uninhabitable thus you can claim that you should not be held liable for any breach of contract. Further if house is uninhabitable then you can claim all your losses.

AFF

Originally Posted by cb560 CA - Signed 1-yr lease while renovations were going on, found a huge roach infestation upon move-in attempt, and a history of it despite repeated fumigation efforts by landlord, regretfully after signing. Never actually moved in, demanded deposit and first month rent back. Landlord obsfuscated. Given history (and continuing incidence) of pests, looks like place is not going to be rentable. We asked for settlement, return of funds. He sent an outsized estimate for rents due near $18K (too large for small claims) and included other costs with some factual errors in estimates. Finally after we threatened small-claims action for return of our funds, he responded with a threat to counter-sue if we proceeded. So, what's our best course of action - (a) take the steps to sue in small claims. If so, could landlord counter-sue in a different court, since potential claimed amounts by him are over $10k? Could there be 2 lawsuits running? Could this then become time-consuming and messy? The biggest objective is to move ahead, but there is concern that he could pop up out of the woodwork down the road if no action is taken now, and we do not need that potential claim hanging out there; OR (b) do we not file a small claims lawsuit - just sit tight and wait for him to make the next move. If he does file a claim later, then defend it since photo evidence and factual detail collected all can refute his self-serving claims. And then file a small-claims demand. Any legal 'do's and don'ts' we should know about in this case? Thanks much

Many states have different set amounts as to what you can sue in for in small claims court. In many states, that limit is $5,000.

The landlord cannot counter-sue in a different court venue than the court the matter is in.

If you can prove the infestation exists, you will prevail in this case.

Bear in mind that just because a person threatens to sue or counter-sue does not mean they'll win. Many times, when a person takes the tack your landlord has taken, it's because they know they're guilty and have no real shot at winning. (although many stubbornly believe firmly they're the one in the right).

Sue in small claims court. He will be forced to account for his "estimate". He will also be forced to account for his logic and his claim there is no infestation.

If you are already in a position to refute his claim that there is no infestation, it's wisest to begin a small claims lawsuit against him for the return of your S.D. and 1st months' rent.

[Friend In Court]

In California many small claims court cases are heard in the Limited Jurisdiction section of the Superior Courts and as I recall, small claims limit is $25,000 in California. But I will recheck if the amount is different and supplement my answer.

He will not return your deposit and first month's rent, so you have a choice of going after it or not. If he files a counterclaim, the court may strike it, anyway. There are many reasons to strike counterclaims and if he has no credible basis for the counterclaim, the court just may do that if you move to strike an excessive claim brought just to deprive the court of jurisdiction. A little research on CA law on striking counterclaims would be good homework for you in the interim.

Job One for you will be to document the roach problem, that it existed prior and most definitely at the time you rented and the landlord's failure to correct.

If it were me, I would file my claim for return of the money and let Mr. Bluff and Bluster file whatever frivolous counterclaim he wished.

[Friend In Court]

CORRECTION: There is a Limited Jurisdiction section of the California Superior Courts, BUT for cases filed as small claims cases, the amount as of July 1, 2012 is now $10,000.