Can I counter sue my landlord for legal fees and harassment after trying to evict me with no grounds other than late payment of rent?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I counter sue my landlord for legal fees and harassment after trying to evict me with no grounds other than late payment of rent?

This is the second time my apartment company is trying to take me to court after my car insurance company uncovered them for not having property insurance. Now they have been trying to evict me and I have been paying my rent. I have late payments but they are always paid in full. I feel like they are harassing me because of the issue with my car insurance company and I would like it to stop.

Asked on January 1, 2011 under Real Estate Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The basis for filing a counterclaim against your landlord has to be valid.  It should really be related to the issue of your tenancy: breach of the warranty of habitability, breach of the lease provisions (which is a breach of contract claim), etc.  Have they started proceedings?  have they accepted the rent late since the proceedings have started?  If they have accepted it late since the proceeding has started then the proceeding is null and void.  You really need to pay the rent on time and not paying it on time is a breach of contract on your side and they have a right to sue you based on same.  So even if you feel that this is retaliation it may still be legal and a viable suit.  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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption