Re: Tenants Counter-Claim - Landlord Forum thread

Re: Tenants Counter-Claim by Anonymous on July 5, 2012 @10:25

Lets' understand what is happening;

a) tenants dispute handwritten breaklease clause in lease

b) tenants pay you an additional months rent

c) you file suit in court against tenants for failing to give you an additional months rent

d) your tenants have not moved out yet

e) You do not know what you are doing

f) tenants lawyer files counter suit

g) your lease clause is poorly written

h) you do not have a lawyer

i) your tenants are sueing you and now your thinking about dropping it. You can not drop their law suit against you!

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Re: Tenants Counter-Claim by Bill (MN) on July 5, 2012 @10:33	[ Reply ]

a) Yes, that is the case b) They told me that's what they were willing to do and did it without my acceptance. c) Yep d) They have not. I know they refuse to pay the amount I'm asking, why would I not file now? e) Not even going to answer this snarky comment f) Yes, they did file a counter-suit g) It may be poorly written, but a 2 month breaklease fee is industry standard around here. I don't see how they felt they could just be free with 2 months notice. h) I do have a lawyer, thank you very much i) I know they can still pursue their counter-claim. All indications are they'll drop it if I drop it. Like I said, they feel like if they're going to court anyways, might as well file it. I know they don't want to go to court based on prior communication with them.

Re: Tenants Counter-Claim by Anonymous on July 5, 2012 @10:40	[ Reply ]

What did your lawyer say? Did you have a lawyer when you filed suit first, or did you do this yourself and then get a lawyer when the tenants file a countersuit?

Re: Tenants Counter-Claim by Bill (MN) on July 5, 2012 @10:53	[ Reply ]

I've had him from the beginning. He said a judge may see the ambiguity and ask why the tenants would've thought it reasonable to be out of the lease with 2 months notice only on the lease. An ambiguous lease reading has to have a reasonable interpretation for it to hold up in court. I don't feel like the tenants interpretation for it was reasonable and my lawyer said a judge may see it that way, but it depends on which one we come across. I decided it was worth it to file and take that gamble.

Re: Tenants Counter-Claim