Ask a landlord-tenant lawyer and get answers ASAP
Hello, my name is ***** ***** I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for.
What was the nature of your counterclaim and how did it relate to the landlord's claim for immediate possession?
Welcome to Just Answer! My name is Maverick. Please give me a few minutes to review, analyze and/or research your inquiry and I will be back. Thank you for your patience.
How are the facts that supported the LL's claim for possession related to your original claim against the LL?
Why is there an issue of prejudice here since the judge had to make some factual determinations at the possession hearing which both side could have influenced at that time?
I am sorry, but I do not agree with your position that there is any prejudice here. If the court had to make some factual determinations at the possession hearing, then those same factual determinations should apply to your counterclaim if there is an overlap between the two claims as you suggest. Since both sides had an equal opportunity to influence those factual determinations, there is no prejudice irrespective of the order in which the two claims were decided. I know this is not the answer you want to hear so I will opt out and let another expert try to assist you.