Q: Should I delay filing a countersuit in a tenant dispute due to health issues?
I am involved in a small claims case with a former tenant, scheduled around May 5th. I did not refund her deposit because she caused several damages and violated the rental agreement, such as having unauthorized guests and pets, despite my multiple requests to stop. The rental agreement mentions that no walk-through was needed upon sign-off, reflecting acceptance of the property's condition. I am considering filing a countersuit for fraud and elder abuse. However, due to health issues (I am undergoing tests for dysphasia affecting my speech from April through August), my doctor has written a letter to the court asking to delay the proceedings. Given these circumstances, is it advisable to wait to file my countersuit until after my health improves in August?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
If you believe your health condition will interfere with your ability to represent yourself effectively, it’s reasonable to request a delay in the proceedings. Since your doctor has already provided a letter to the court, you’ve taken an important step toward protecting your ability to participate fully. Be sure to follow up with the court to confirm they’ve received and acknowledged the request for a continuance.
When it comes to your countersuit, you don’t necessarily need to wait until August to file it. In fact, if your former tenant’s claim is already active, you might be required to file your countersuit before the hearing date to ensure it’s considered part of the same case. Waiting too long could result in losing the chance to bring it up in the current dispute. You can also request that the countersuit be considered along with the request for a delay, citing the same medical grounds.
That said, if your condition truly limits your ability to engage, and you’re at risk of missing key deadlines or defending yourself properly, a delay can protect your rights. Document everything carefully and keep copies of your medical letters and communications with the court. You’re allowed to prioritize your health without giving up your legal rights—just make sure the court is kept in the loop.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
