Eviction Defenses
There are many legal defenses that can help you fight an eviction. Even if you owe rent, the landlord may have made errors that defeat their case.
Procedural
Errors in notice or process
Substantive
Facts that defeat the claim
Affirmative
Legal protections you can raise
Procedural Defenses
Defenses based on errors in the eviction process
Substantive Defenses
Defenses based on the facts of the case
Affirmative Defenses
Defenses that can defeat an eviction even if landlord's claims are true
Retaliation Presumption Periods
If you're evicted within this period after a protected activity (repair request, complaint, etc.), there's a legal presumption that the eviction is retaliatory. The landlord must prove otherwise.
New York
1 year
Strongest in nation
California
180 days
AB 1482
Oregon
6 months
Texas
6 months
Washington
90 days
Most states
6 months
Typical
Landmark Habitability Cases
Javins v. First National Realty Corp.
D.C. Cir. 1970
Established the implied warranty of habitability in residential leases
Green v. Superior Court
CA 1974
Rent withholding permitted when landlord breaches habitability warranty
Park West Management v. Mitchell
NY 1979
Non-delegable duty; damages = value warranted minus actual value
Marini v. Ireland
NJ 1970
Implied warranty cannot be waived in residential leases