How to File a Counterclaim Against a Tenant and an Occupant

Counterclaims are decided by court hearings.

Lawsuits between landlords and tenants erupt for any number of reasons. Whether the cause is failure to repair property or unpaid rent, the court system becomes involved whenever the landlord or tenant decides to sue. If a tenant files suit against a landlord, the landlord has the right to file a counterclaim against the tenant; the reverse is also true. No matter how you decide to proceed, be sure you possess all necessary evidence and documentation to clearly support your case.

Things You'll Need

• Personal identification
• Court documentation
• Financial documentation
• Repair documentation
• Police report

Instructions

1. Visit the office of the clerk for the county court where the original claim -- or lawsuit -- was filed. Filing a counterclaim traditionally takes place in either small claims or civil court. Ask an administrator if the court houses an office for landlord and tenant court; if so, take your business to this department.

2. Present at least two current forms of identification to the clerk -- your driver's license and Social Security card, for example. Show the clerk the lawsuit, subpoena and any additional court documentation you may have received regarding this matter. Tell the clerk you wish to file a counterclaim petition against the initial lawsuit. If you, the landlord, were unjustly sued by the tenant for failure to pay for home repairs, for instance, you can file a counterclaim -- a counter-lawsuit -- in defense.

3. Complete the petition fully. Detail and explain in the petition the grounds -- or evidence -- supporting your counterclaim. Make three copies of all documentation, including the petition, financial records and/or police reports, for instance.

4. Return two copies of the petition and all supporting documentation to the clerk. One copy will remain in the court records, and the court will submit another copy in a subpoena to the counterclaim defendant -- the tenant. Keep one set of copies for your own legal records. Ask the clerk about details regarding a court hearing.

References

• District of Columbia Courts: Landlord and Tenant Branch -- FAQs
• LawHelp: Filing Answers and Counterclaims in Landlord and Tenant Court