I just paperwork to be evicted claiming I owe 2 months back rent. I pd my landlord $200 the 1st of October. But they are claiming the full amount for October and November. Can I counter sue them for falsely filing a claim and undue stress since I'm only 1 1/2 months behind on rent, and for undue stress? I was off work for three weeks waiting for a new start date on my new job landlord was well aware of that and also that I was waiting on child support to hit.
Answer
Based upon the facts you provided, it does not sound like you have a counterclaim for stress or false prosecution. But, there may be facts, that you didn't supply, that change the analysis. You sound consult directly with a civil practice attorney, in your area, if you cannot get your rent caught up before Court.
Good luck
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