Key Takeaways
- Contested evictions: 2–5x longer, $3,000–$15,000; counterclaims can create $50,000+ exposure.
- DV protections, bankruptcy stays, and SCRA add procedural requirements and timeline.
- Prevention through habitability maintenance and documentation is the best defense against counterclaims.
- In right-to-counsel jurisdictions, assume every eviction will be contested.
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Test Your Knowledge
1.What is a counterclaim in the context of an eviction proceeding?
2.What special protections may complicate evictions for certain tenant categories?
3.What is the primary risk when a tenant successfully files a counterclaim in an eviction case?