Understanding Eviction Court: Common Eviction Defenses

For renters who have received eviction court papers, it is important to ask whether there are any legitimate (valid) defenses. A tenant can use a defense (legal reason) to ask the judge to throw out the eviction case. Some common eviction defenses are:

• Rent payment
  • A tenant does not owe the amount of money the landlord claims is owed;
  • A tenant paid all the rent money within the required time; or
  • The landlord's failure to make necessary repairs reduced the value of the apartment by more than the rent due.
• Service of an eviction notice or an eviction case
  • The eviction notice does not contain the required information;
  • The landlord does not file an eviction case within 30 days.
  • The landlord filed the eviction case against the tenant before the time the eviction notice expired; or
  • The tenant was not given the  Complaint and Summons in the right way; 
  • The tenant was not given notice on how to end the lease in the right way;
• No lease violation or fixed lease violation
  • The tenant did not violate the terms of the lease. (For example, the landlord tries to evict because they claim the tenant had a loud party. However, the tenant was not at home on that date and no one was in the apartment);
  • The tenant fixed the lease violation within the notice period. (For example, the landlord may be trying to evict because the tenant left personal belongings in the shared hallway. But, the removed your belongings from the hallway within the required time);
  • The landlord agreed that the tenant could do something to make up for the lease violation and the tenant did it in the time period;     
  • Some other person that is not the tenant, a household member, or guest violated the lease; or
  • After the landlord discovered the violation, they accepted rent or signed a new lease. 
• Utilities or building conditions needing repairs
  • The landlord fails to supply utilities (heat, hot water, electricity, gas) or failed to pay for utilities they agreed to pay;
  • The landlord is not properly maintaining the apartment;
  • The tenant sent the landlord a letter by certified or registered mail, informing the landlord of repairs that are required by law or in the lease. After the landlord did not do the repairs within 14 days, the tenant got the work done by a licensed tradesman or supplier and sent the landlord a copy of the paid bill and deducted the costs from usual rent (up to $500 or half your monthly rent, whichever is less);  
  •  The landlord is evicting because the tenant requested repairs; or
  • The landlord is evicting because the tenant reported a problem in the building to a public official (like the city's building department).
• Renewal of tenancy
  • The tenant and landlord signed a new lease. (For example, the most common way a landlord does this is by taking rent from the tenant after the termination period has ended. This can even happen during the eviction case.)
• Illegal landlord actions
  • The landlord forced the tenant out of the property without an eviction order from the court;
  • Illegal discrimination
  • Retaliation 
• Domestic abuse
  • The eviction is based on the tenant's status as a domestic or sexual abuse victim;
  • Eviction is based on an incident of actual or threatened domestic or sexual violence against tenant,
  • Case is based on the criminal activity related to domestic violence against the tenant; or
  • Case is based on the violation of a bar order, and the tenant did not willingly allow that person on the property.