A counterclaim is a cause of action by a tenant against a landlord alleged in the answer. The counterclaim may bear a relationship to the non-payment or holdover proceeding. Most leases, both commercial and residential, contain a counterclaim waiver provision. If the counterclaim is not “inextricably intertwined” with the proceeding, the court will often strike the counterclaim. A related counterclaim shares common elements with the underlying case. So, a counterclaim based upon a breach of the warranty of habitability will not be stricken from a residential tenant’s answer. However, if a tenant attempts to interpose a counterclaim seeking i.e. damages arising out of a personal injury that occurred on landlord’s property, the courts will usually grant the motion to strike the counterclaim.