How to file a counterclaim against a tenant and an occupant

The lawsuits between landlords and tenants burst for several reasons. If the cause is the lack of service in the property or the delay in the payment of the rent, the judicial system is involved whenever the owner or tenant decides to sue.

If the tenant has a claim against the owner, the owner has the right to file against the tenant, the opposite is also true. No matter how you decide to proceed, make sure you have all the evidence and the necessary documentation to support your position clearly.

You will need

  • Personal identification
  • Documents of the Court
  • Financial documentation
  • Repair documents
  • Police report


  1. Visit the office of the clerk of the Court of the county where the original demand was presented. The presentation is traditionally conducted in any lesser claim or civil court. You can ask an administrator if the court houses an office for courts of lessor and lessee, if so, take your issue to this Department.
  2. Presents at least two current forms of identification to the clerk, drivers license and Social Security card, for example. Show Secretary of the demand, the summons and any additional documentation from the Court that you have received for this matter. Tell the clerk that you want to present against the initial demand. If you are the owner, and were wrongly sued by the tenant for lack of repairs in the home, for example, you can present in your defense.
  3. Complete the application in its entirety. Detailed and explained in the request the reasons or evidence. Get three copies of all documentation, including the request, financial records or reports of the police, for example.
  4. It delivers two copies of the petition and all supporting documentation to the Secretary. A copy will be in the court records, and Court sent another specimen in a citation to the tenant. Keep a set of copies for your legal files. Ask the Secretary about the details regarding the court hearing.