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?

UPDATED: Jan 1, 2011

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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


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

Answered 12 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.

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