A defense is a reason why the petitioner should not win the case. You tell the Court your defenses when you Answer the Notice of Petition and Petition or when you ask the Court to Vacate a Default Judgment. You must then prove your defenses in Court. If you prove your defenses then the petitioner will lose and you will win the case.
Below are examples of defenses in a landlord-tenant case. Read the explanations carefully to see if any of them apply to you. Everyone’s case is different. Some of the defenses may apply to you and most may not. You can also tell the Court a defense that is not listed below. You can get more information from and
General Defenses
It is a defense if the landlord did not give you the written notices and the Notice of Petition and Petition the right way. This is bad service of papers. See How Legal Papers are Delivered and Common Examples of Bad Service. Tell the court. The Judge may make the landlord/owner start all over again.
The landlord/owner may have to give you notice before starting the case. If the landlord did not say anything or give you anything before starting the case, this may be a defense. Read Starting a Case to learn what Notices the landlord is supposed to give you.
Tell the Clerk or Judge if you are in the military or dependent on someone in the military. In some cases if you can’t pay the rent because you or someone you depend on is on active duty, you may be allowed to delay the case for 90 days.
Defenses to a Nonpayment Case
Payment
Use this defense when you have already paid all or part of the rent. If you pay the landlord the full amount of rent due at any time before the court date, the landlord must take the rent and the case is over.
The landlord has not made repairs, or services (heat, water, etc) do not work (called the warranty of habitability defense)
The warranty of habitability is the law that makes the landlord responsible for keeping your apartment and/or building in good condition at all times. Use this defense when your apartment or building has dangerous conditions or has services (such as water or heat) that don't work, or other problems that make it hard to live there. The landlord knew about the problems but did not repair them.
Monthly rent being requested is not the legal rent or the amount on the current lease
The landlord can only ask for the correct rent in the Petition. Use this defense if the landlord has charged you more than the legal rent (for example, more than the rent controlled or rent stabilized rent), or more than your lease says.
The landlord charged you too much money
If you have been paying the landlord too much rent, use this defense and get money off the amount you owe and get money back that you overpaid.
The landlord refused to take your rent
Use this defense if you tried to pay your rent but the landlord wouldn't take it. Refusals by landlords include taking your check or money order but not cashing it, hiding or avoiding you so you can't pay, and refusing to accept your money.
The landlord waited too long to bring this case (laches)
Use this defense if the landlord knows you owe rent but waits a long time to sue you. The court case surprises you, the delay hurts you, and the landlord did this on purpose. This is called laches.
The landlord is harassing you
If the landlord is trying to force you to move out by doing things to you, like, threatening you, or stopping your heat and hot water, or changing your locks, use this defense. Read more about Tenant Harassment.
For more possible defenses read Information on Answering a Notice of Petition and Petition for Nonpayment of Rent.
Defenses to a Holdover Case
Your defenses depend on the facts of your case. Here are some examples:
- You didn’t do what the landlord/owner said you did.
- It is not as bad as the landlord/owner said.
- You fixed the problem when you got a Notice to Cure.
- The Notice to Cure or the Notice of Termination does not contain enough details for you to understand what the landlord/owner is claiming.
- The landlord/owner is harassing you by trying to force you to move out by doing things, like, threatening you, stopping your heat and hot water, or changing your locks. Read more about Tenant Harassment.
- The landlord/owner started this case to retaliate because during the past year, you complained to the landlord/owner, the landlord’s agent or a government agency about conditions in the home.
For more possible defenses read Information on Answering a Notice of Petition and Petition in a Holdover Case.
Related Information:
- Answering a Case Outside NYC
- Starting a Case Outside NYC
- Tenant Vacate Default Judgment DIY Program
FAQs
Some of the top defenses tenants can raise against California evictions include lack of proper notice from the landlord, uninhabitable living conditions, retaliation for asserting rights, discrimination, refusal to accept rent payment, and failure to follow COVID-19 eviction moratoriums.
What are the defenses to eviction in Texas? ›
Common Defenses to an Eviction Lawsuit
Improper notice, meaning the landlord did not follow proper procedures with the eviction notice. The landlord's failure to maintain the rental unit. The landlord's acceptance of partial rent. Housing discrimination.
Can you fight an eviction in Michigan? ›
The tenant can also choose to fight their eviction. Common defenses they can put up under Michigan eviction laws and legal process includes: The eviction arose from an act of retaliation. The tenant stopped paying rent because you illegally increased the rent amount.
What is retaliatory eviction in Michigan? ›
Retaliation: Retaliation or a retaliatory eviction is the removal of a tenant by the landlord motivated by the tenant's exercise of their rights by threatening or carrying out an eviction.
What is a valid defense to an eviction in Florida? ›
One of the most common defenses is that the landlord failed to give proper notice or did not follow the correct eviction process. Florida law stipulates specific procedures landlords must follow when evicting a tenant, including serving an accurate eviction notice before filing a lawsuit.
Can you file a motion to dismiss an eviction in Florida? ›
The tenant can file a motion to dismiss.
If the motion is granted the Landlord may have to file another complaint. If the motion is denied then the Court will usually entered an Order requiring the Tenant to post funds into the Court Registry within a certain time period.
What constitutes wrongful eviction in Texas? ›
Without a court order, a landlord cannot forcibly remove a tenant from the property, change the locks, or shut off utilities. If a landlord attempts a "self-help" eviction, the tenant may have grounds to sue for damages. Right against retaliatory evictions: Retaliatory evictions are illegal under Texas law.
Can you fight an eviction in Texas? ›
The eviction appeal process in Texas is simple. Typically, tenants only have a short window of time to dispute the court-ordered eviction. They must file either an appeal bond or a signed statement of their inability to afford the appeal bond with the clerk of the court.
Can an eviction be reversed in Texas? ›
If you were evicted for not paying rent, but you want to stay... If you disagree with an eviction order, you can request a “do-over”—a new trial before a different judge. This is called an “appeal.” To get this do-over (new trial), you must turn in certain forms within 5 days of the eviction order.
How hard is it to evict a tenant in Michigan? ›
Your landlord must go to court to legally evict you. A landlord can't do anything to personally remove you from the property.
It's illegal for a landlord to evict you without going to court and getting an eviction order first. Your landlord can't do anything that prevents you from having access to your home without an eviction order. Your landlord must not: Use force or threaten to use force to make you leave or keep you out of your home.
How do I fight an eviction notice in Michigan? ›
File an answer
You have the right to file a written answer explaining to the court why you should not be evicted. If you don't have a lawyer yet, you can file an answer on your own.
What is considered landlord retaliation in Michigan? ›
Michigan. Retaliation is prohibited when: Tenant complains to landlord or government agency, tenant is involved in tenants' organization, or tenant exercises a legal right. Retaliation is presumed if landlord performs a negative action within 90 days of tenant's act.
What are my rights as a tenant in Michigan? ›
You have the right to live in a home that is in good, habitable condition. This means both your home and the premises, such as a yard, should be safe and in good repair. Your landlord must also keep any common areas in good enough shape for their normal use.
How long does the eviction process take in Michigan? ›
On average, it would take anywhere between 3 weeks to 2 months for a complete eviction process. Give your tenant a written Notice to Vacate prior to the eviction process. Make sure no mistakes were made in the filing process. If you win the case, the judge will give you a Judgment of Possession.
Can you fight an eviction in California? ›
Contested Eviction
The tenant has 10-15 days to react once the court files the unlawful detainer. The eviction becomes challenged if the tenant answers and decides to fight the case. There will be a trial date scheduled, and the property manager must appear in court to present their case.
Can you fight an eviction in Florida? ›
As an eviction is a legal action, the tenant will always have a right to respond to the case before they are kicked out. Possession of the property is governed by the summary procedure in Florida which gives the tenants the opportunity to respond within five (5) days of service of the complaint upon them.
What are the no-fault reasons for eviction in California? ›
No fault evictions include:
- Owner move-in.
- Substantial rehabilitation or remodel.
- Intent to demolish the unit.
- Withdrawal of the unit from the rental market.
- The owner complying with any of the following: An order issued by a government agency or court relating to habitability that requires the tenant to leave.
In a wrongful eviction action for a fraudulent owner- or relative-move-in eviction, a landlord is liable for triple the amount of the rent which would have been paid by the tenant had the tenant not been dispossessed, not exceeding six months.
