I’m suing my last landlord in superior court. The landlord filed a cross-complaint including a claim for intentional infliction of emotional distress. After I reported serious habitability defects to the landlord he failed to fix them and instead tried to blame me, falsely claiming destruction of property. However, I can prove I could not have caused the defects, including porpous walls with no weatherproofing and a faulty foundation through which ground water would seep into the apartment. I then complained to the county health dept. The health dept ordered repairs made but the landlord did nothing but retaliate and evict me. The landlord now claims that because of my alleged “destruction of property” and “fraudulent” complaints to the county health dept. he is entitled to damages for intentional infliction of emotional distress, which is false and in fact was due to my exercise of my legal rights as tenant. I have the photos of the defects and the county health dept report. Based on the above, what might be some obvious affirmative defenses to such a false claim?
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