Can a tenant file a counterclaim against a landlord?

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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 10 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.


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