I rented an apartment 22 years ago with no written contract & landlord wanted rent in cash but refused to give receipt. Then 6 years ago he sent thugs to evict me so I filed a civil suit. In response my landlord signed an affidavit that I am not a tenant & he did not take any rent from me nor did he force me to sign any eviction document but gave me key to clean & look after the apt.
Five years later in 2018, when case came to judge, he dismissed it for default because my lawyer did not submit the documents that I gave him nor did he prepare me for Jubani ( Deposition ).
Now 3 years after dismissal, my landlord has sent me a legal notice that I have not paid the rent for last 6 years & he has a document that I signed 6 years ago to vacate in 30 days. I have paid the rent for all these years but in cash with no receipts as usual & documents was signed under the threat of my life.
My question is how should I reply to his notice & if he files a suit to vacate can I use his affidavit that you denied me as a tenant & denied of any forceful documents to vacate in my last suit but now you are claiming that I am a tenant & vacate due to non payment of rent & the document you forced me to sign 6 years ago.
Basically can I use any documents signed with an affidavit & submitted by defendant in my dismissed suit for default be brought as evidence into a new suit filed by defendant ?
Many Thanks