This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Permanent Injunction By Tenant Against Landlord In Wayne
Category:
State:
Multi-State
County:
Wayne
Control #:
US-000299
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Word;
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FAQ
To counter sue the landlord you must have a valid reason and show proof that the DAMAGES you are suing for are valid. For example, you will need to file a counter suit in the same court as the landlord filed for eviction. Your counter suit is for DAMAGES incurred to you by the landlord's eviction suit.
Showing up with persuasive evidence that supports your story is the way to win in small claims court. For example, if you are suing your landlord to get your security deposit returned, you'll want to have a photograph of a clean and undamaged apartment and the convincing testimony of someone who helped you clean up.
A tenant will need to inform their landlord about property damage in writing as part of a rent abatement letter. The letter should be clear and direct and provide a list of property damage that defines what makes a living space uninhabitable.
A tenant's counterclaim is filed in a case initiated by the landlord – usually in the Associate Division. If the tenant is not represented by an attorney, filing a counterclaim requires submitting a paper copy of the counterclaim to the court clerk.
If an attorney is representing the tenant, the attorney must electronically file the counterclaim. A counterclaim must include the same case name and case number as the landlord's case. At the bottom the counterclaim should state how and when the counterclaim is being “served” on the landlord.
Rent abatement is a process where the tenant and Landlord agree to temporarily reduce or stop rent payments. This usually happens when the rental unit is damaged, making it uninhabitable. The tenant and Landlord will work together to come up with a plan for how long the rent will be reduced or stopped.
While it's certainly possible that a landlord might take retaliatory action during a claim, the good news for tenants is that both state and federal laws make retaliatory conduct, including evictions, illegal.
Abatement is the process of permanently removing known hazardous material in surface areas so that it is safe for others. Abatement also includes encapsulation, which is sealing off hazardous materials so that it is safe for everyone.
Before they can start the eviction process, a landlord must give the tenant an official written 3-Day Notice to Quit. If the tenant fails to vacate the rental unit after the three-day notice, the landlord may continue filing for a Forcible Entry and Detainer action.
Collect a Reasonable Security Deposit The deposit also covers losses and damages that result from a tenant's abuse or negligence during their time in the property. Asking for a high-security deposit is effective but bear in mind that there are limitations per State under the Landlord-Tenant laws.