Can a tenant file a counterclaim against a landlord?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a tenant file a counterclaim against a landlord?
If a landlord is suing a tenant for letting a banned individual in the building, can the tenant counter sue for over paid rent and if the landlord threw the tenant in jail for trespassing while the tenant was still and still is a tenant.If so, then what laws can the tenant use?
Asked on October 21, 2010 under Real Estate Law, Illinois
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Generally speaking anyone can counter sue anyone else when they are sued. However, in landlord tenant court the issues need to revolve around your tenancy (that is why there is a special court for those proceedings). So I am assuming that the landlord is suing you for a breach of your tenancy in some way in landlord tenant court. The basis for the suit and the basis for your counter claim needs to be reviewed by an attorney in your area. Even a tenant's rights organization can better help you here. Someone needs to look at the complaint and the allegations against you and determine if they are valid under the law. And I am unsure that landlord tenant court is the correct venue for the trespassing issue and it is indeed an issue. So get help. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.