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Can I counter sue my landlord if they are sueing me for non-payment of rent but I have proof that I paid my rent electronically?

Philadelphia, PA |

I received a notice for a court date for an eviction due to non-payment of rent. However I paid my rent thur their new paypal system which was posted on their website. I have spoken to the apt mgmt and they said they havent been checking the account and will look into it. I emailed them the paypal statements and left voice messages asking for a response and have not received a response. Due to this situtation I would like to break my lease and move into a new apt and counter sue the landord for my move out cost. Can I counter sue to recieve move in cost for another apartment? I am currently still in my apt and my court date is next month.

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Attorney answers 1


What you would do is show the proof of payments as your defense to their action for non-payment.

Additionally, if you have proof of payment, and they know you've paid, then they will be committing a fraud on the court if they proceed with the action.

I suspect when they check and see they have in fact received payment they will non-suit their action against you. However, DO NOT merely accept the LL's statement that the case has been terminated. Unless you receive notice from the court, make sure you show up as scheduled on your summons. Many a time the LL tells the tenant the tenant doesn't have to show up--and the LL does show up and proceeds with the case and gets a judgment against the tenant.

As to breaking the lease--nothing in your statement is grounds to break the lease and move out. If you do, you would open yourself to liability for breach of contract--could cost you thousands.

See a local Philly area LL-Tenant attorney (I am NOT a PA attorney) and discuss local ordinances, housing enforcement and other possible options that might serve as grounds for breaking the lease, but right now I don't believe you have any.

READ THIS BEFORE CALLING OR EMAILING ME: I am licensed to practice before the state and federal courts in Virginia. Addressing your issue does not create an attorney-client relationship and I AM NOT providing you legal advice. You should speak with an attorney to whom you have provided all the facts, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

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