What is the best course of action if I have been served with an eviction lawsuit, can pay by the court date, but need to sue the landlord?

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What is the best course of action if I have been served with an eviction lawsuit, can pay by the court date, but need to sue the landlord?

I renewed my lease, the landlord wrote on the new contract that “$500 from deposit from previous lease will transfer”. Now not only they didn’t transfer it, but chose to write me a check for less than that amount (for damages, that I dispute), so I owed them deposit. That deposit started snowballing in late fees, and this month, I failed to pay rent (my fault). He has filed for eviction, but I now have the funds for rent before hearing. I want to: counter-sue for deposit amount and side charges; pay my rent if possible; and avoid an eviction on my record. In what order should I do things?

Asked on December 21, 2011 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) Pay the rent, to avoid eviction; that will also avoid the negative mark on your rental history. Also, this simplifies the situation by taking one issue off the table.

2) Then file a lawsuit against your landlord to recover the original deposit and late charges. You could, if you wanted, file in small claims court--not only could you represent yourself, to avoid legal fees, but small claims cases usually move faster than other ones.


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