Eviction Defenses

By E-Renter Tenant Screening
Posted on November 5, 2008 under Eviction | Be the First to Comment

There are several defenses a tenant can raise to stop from being evicted from your property.  Knowing this information can help you take the right steps when you need to evict, or help you to know if you are likely to be able to evict the tenant!

The laws vary according to the state, but these are the common defenses in eviction in most areas:

• Probably the most common defense is that the landlord failed to give proper notice, either in the form of the documents, the method they were delivered, or the times given to the tenant. This defense doesn’t mean you can’t evict, but you’ll need to start the process over from the beginning.
• Accepting partial rent from a tenant may be a defense against eviction, at least for that rental period. If you want to accept partial rent, check your state’s laws.
• Failure to keep the rental property well maintained is another common defense against eviction. Again, check your state’s laws to determine how this is handled in your location.
• Other defenses against eviction are claims that you, as landlord, are retaliating against a tenant for acting as an activist regarding code violations or property conditions, for the property being uninhabitable, or for Fair Housing Act violations.

Be sure you know your state’s laws!