Eviction defenses

A tenant can use a defense (legal reason) to ask the judge to throw out the eviction case. Some eviction defenses are:

Rent payment

• You do not owe the amount of money your landlord claims you owe;
• You paid all the rent money within the required time; or
• You tried to pay the amount listed in the 5 Day Notice within the time allowed, but your landlord refused the money.

Notice or eviction case problems

• Your eviction notice does not contain the required information;
• You were not given the notice to terminate your tenancy in the right (legal) way;
• You were not given court papers in the right (legal) way; or
• Your landlord filed the eviction case against you before the notice period expired.

No lease violation or fixed lease violation

• You did not violate the terms of your lease. For example, your landlord may be trying to evict you because they claim you had a loud party, but you were not at home on that date and no one was in your apartment;
• You fixed the lease violation within the notice period. For example, your landlord may be trying to evict you because you left personal belongings in the shared hallway, but you removed your belongings from the hallway within the required time;
• Your landlord agreed that you could do something to make up for the lease violation and you did it in the time period; or
• Some other person that is not you or your guest violated the lease.

Utilities or building conditions needing repairs

• Your landlord disconnected your utilities (heat, water, electricity) or failed to pay for utilities they agreed to pay;
• Your landlord is not properly maintaining the apartment, and you believe you paid the landlord more money for rent than the apartment is worth;
• You informed the landlord, in writing, of work needed at the apartment. If the landlord did not do the work, you got the work done yourself and deducted the costs of the repairs from your usual rent; or
• Your landlord is evicting you because you reported a problem in the building to a public official (like the city's building department).

Wrong lease or landlord in eviction case

• You and your landlord have signed a new lease;
• You are being sued (evicted) by someone who is not the landlord; or
• Your landlord reaffirmed the lease by their actions. The most common way a landlord reaffirms the lease is by taking rent from you after the termination period has ended. This can even happen during the eviction case.

Illegal landlord actions

• Your landlord has forced you out of the property. For example, the landlord may have changed the locks to the property;
• Your landlord is illegally discriminating against you;
• Your landlord took your personal belongings (valued more than the rent you owe) without your permission;
• Your landlord forced you to sign the lease; or
• Your landlord made promises to you to sign the lease, but they have not kept those promises.