Legal Question in Civil Litigation in Illinois
Tenant/landlord dispute
After several conflicts with my two roommates (one of them is my landlord), I moved out after submitting a 30 day notice. He's suing me for the remaining 4 months and 19 days of rent, stolen remote, stolen boombox, and damaged screen door. Can I countersue for breach of contract and defamation of character since I have some strong evidence to prove that he is lying about the theft and damage?
2 Answers from Attorneys
Re: Tenant/landlord dispute
Based on the information provided, no answer can be given regarding a breach of contract or whether a 30 day notice is appropriate. Damages for defamation of character are very difficult to prove . It is not enough that he has stated falsehoods.
Re: Tenant/landlord dispute
Based on what you've stated, it sounds like you might (this is not a certainty) have some affirmative defenses against his allegations, but it's hard to say if you've got a viable claim against him. You haven't presented enough information that indicates you've got a breach of contract claim, and the defamation is pretty tough to prove, particularly since it doesn't sound like you have suffered anything in the way of damages as a result of his statements. Since the guy has sued you, you might want to talk to an attorney about representing you. He or she can better answer your questions about the viability of any counterclaim.