What should I do if being sued for late rent and landlord burglarized my apartment? 4 Answers as of February 25, 2013

Mid January, I'm behind 2 months rent. Landlord files small claims suit against me. Late January, I come home to an empty apartment and Landlord is walking out. All of my stuff was moved out. Had no notice to move out, nothing. I call the police and she is arrested on 3 felonies and 1 mist. Small claims court is coming up. She is in jail but her husband is appearing pro per. (trying to be too specific above) Any advice on what to do/what to expect? Here's another question: would small claims be the place to countersue, or would I want to sue the homeowners insurance?

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Law Offices of Mark West
Law Offices of Mark West | Mark West
While you may not want to incur legal fees, and can't have an attorney represent you in "small claims court", I am confused as to why the landlord is suing you there and not in an Unlawful Retainer action, in which you can have an attorney represent you. Perhaps you should spend an hour with an attorney, even if you have to pay for that hour, for some advice on this case - bringing all the paperwork with you so the attorney can give you educated advice.
Answer Applies to: California
Replied: 2/25/2013
Law Offices of Sandeep G. Agarwal
Law Offices of Sandeep G. Agarwal | Sandeep G. Agarwal
Is her husband an owner of the premises that you live in? Do you have an arrest report from the police department? if so, tell the Judge that the landlord broke into your unit and the wife is in jail. Tell Judge that wife removed your personal belongings from the premises without getting a judgment from the court.
Answer Applies to: California
Replied: 2/21/2013
Law Offices of John F. Nicholson
Law Offices of John F. Nicholson | John F. Nicholson
You have a lot of issues. Being sued for late rent indicates the landlord has initiated an eviction proceeding, which gives you only 5 days to respond. However, you indicate he is suing for the rent in small claims, which is good because there is no eviction action. If there is an eviction action file a timely response. Then file a limited action for all of your damages and give the small claims court notice of the action and that court will defer to the limited court action and transfer the case. You have numerous things to file to get this all in order.
Answer Applies to: California
Replied: 2/21/2013
Law Offices of Frances Headley | Frances Headley
You could counter-sue in small claims or have the damages part of the criminal case. You should consult the victim's advocate and the small claims advisor to help you decide what would be best for you.
Answer Applies to: California
Replied: 2/21/2013
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