Tenant Counter Claims

Telling Your Side of the Story: Affirmative Defenses and Counterclaims

If you’re facing eviction, you have the right to present arguments to the court explaining why you shouldn’t be evicted. These arguments, which may be defenses and affirmative defenses should be included in the answer and at the hearing. Tenants can also file counterclaims, which need to be served on the landlord.

Defenses and Affirmative Defenses

A defense is when you deny an allegation the landlord makes. For example, if the landlord alleges that you paid rent late, a normal defense would be to argue that you didn’t pay rent late.

An affirmative defense is when you argue that even if the landlord’s allegation is true, you have a justification for it. For example, if the landlord alleges you didn’t pay rent in full, an affirmative defense would be that you didn’t pay rent because you used the missing rent to make necessary repairs (as long as that amount is reasonable).

Counterclaims

You can also make counterclaims against the landlord. A counterclaim is a claim made against the landlord that is related to the eviction. Unlike a defense, a counterclaim asks that the court provide you with some relief, like payment. For example, a counterclaim may allege that the landlord broke the law during the eviction process and caused you damages. The counterclaim would ask that the landlord pays for those damages.

Tenants need to file the counterclaim with the court, pay a court cost called a filing fee, and then serve the landlord with the counterclaim.