Tenant Defenses Against Eviction
Starting an eviction does not mean the tenant must immediately leave. There are legal defenses that may protect them.
You May Have Legal Protections
Just because a landlord starts the eviction process does not mean the tenant must immediately leave the property. In many cases, the tenant may have valid legal defenses that can prevent the eviction or delay it. Below are common situations in which a tenant may challenge the eviction.
Common Legal Defenses Against Eviction
Landlord breached the implied warranty of habitability
The rental unit was unsafe, unlivable, or not properly maintained by the landlord.
Harassment or retaliation
The landlord retaliated after the tenant requested repairs or made a valid complaint.
Illegal lockout
The landlord locked out the tenant or denied access without a lawful court order.
Landlord issued a new or incorrect notice
An incorrect or replaced notice makes the eviction process invalid and must restart.
Wrong notice type served
The landlord served the wrong kind of notice, making the eviction invalid.
Unlawful late fees included in notice
Late fees were added to the notice, which makes the eviction legally invalid.
Collecting old or expired rent
The landlord demanded rent that is too old to be legally collected in court.
Refusal to accept payment
The landlord refused to accept rent payment, which cancels a non-payment eviction.
Mishandling of tenant’s money
Tenant deposits or payments were misapplied, lost, or improperly recorded by the landlord.
Improper accounting or inaccurate records
The landlord’s rent records contain errors or inconsistencies affecting the eviction claim.
Violation of TPA or local rent ordinance
The landlord did not comply with tenant protection laws or local rent control rules.
Other Possible Defenses
Additional defenses may apply based on specific facts or legal circumstances of the eviction.