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Trust your attorney - Landlord Forum thread 334066

Trust your attorney by CCRider (CA) on April 24, 2015 @00:10

                              
What I think your attorney is saying, is that you should countersue for everything she owes you, including what you did not include when you sent her the itemization letter.

The judge isn't going to give her any punitive damages (the twice the rent amount, etc.) unless the judge thinks you acted in bad faith (lied, etc.), which you did not.

So, just countersue for everything you believe she actually owes you. And let the judge decide. The judge may come up with a different figure than you did, but it sounds like you did everything according to the law, so I don't see the tenant getting punitive damages. I think you'll be fine.

In fact, when you countersue, include that you want your court fees reimbursed by the tenant if you win.
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Re: Trust your attorney by P-Bone (NY and OH) on April 24, 2015 @11:04 [ Reply ]
I would recommend the same. Make sure you respond to any legal action with a countersuit. Identify the very conservative approach you took to the damages and include in the countersuit anything and everything that you think you could have charged for (outside of wear and tear or fully depreciated items).

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