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Eviction rules depend on the state. Which state is the rental in?

Learn › Tenants · 6 min read

Tenant rights and common defenses

The defenses tenants raise most often — and what evidence supports them.

You have the right to be heard

A notice from the landlord is not a court order. In most states you cannot be removed until the landlord files a case, wins, and a sheriff or marshal carries out the order. You have the right to respond and to tell your side at a hearing.

Common defenses

  • Improper notice — no written notice, too few days, the wrong amount, or served the wrong way.
  • Payment — you paid, or offered the full amount and the landlord refused it.
  • Rent accepted after the notice — this can cancel the notice in many states.
  • Repairs / habitability — serious problems the landlord did not fix after being told (heat, water, mold, pests). Some states require you to pay rent into court to use this defense.
  • Retaliation — the eviction came soon after you complained to the landlord or an inspector, or joined a tenant group.
  • Discrimination — based on race, religion, disability, family status, national origin, sex or another protected trait.
  • Just-cause and rent-control laws — in some states and cities the landlord needs a legal reason to end a tenancy.
  • Subsidized housing rules — Section 8, public housing and tax-credit properties have extra notice and good-cause requirements.
  • Military service — the Servicemembers Civil Relief Act can delay a case.

Get help early

Free legal aid and court self-help centers can review your notice and papers. Dial 2-1-1 to ask about emergency rental assistance. See our tenant advocacy directory.

Ready to prepare your papers?

The Filing Wizard applies your state’s rules and fills in the notices and court forms.

Start the Filing Wizard

More guides

General information, not legal advice. Laws change; we strive for accuracy but don’t guarantee it.