There are 2 unrelated issues here. Have you breached the lease by not timely paying your monthly rent? If so, then he can sue to evict you. Whether the court will somehow not award him possession and damages out of compassion, I would have no idea. The other issue is whether he can/should be sued for negligence in causing your injuries. Perhaps you can work out a trade-off of some sort if your case against him has merit.
Answered on Aug 06th, 2011 at 9:34 AM