Nolo.com - Landlord and Tenant

Overview of Landlord-Tenant Law

Landlord-tenant laws affect all aspects of a tenancy, from move-in (starting with tenant screening) to move out (when and how a tenancy ends). Both landlords and tenants have specific rights and responsibilities, primarily under state law. Tenants typically have clearly defined legal rights when it comes to discrimination; privacy; habitability; security deposits (amount, use, and return); and how and when a landlord may end a tenancy. Tenants also have legal responsibilities, usually spelled out in the lease or rental agreement; these include paying the rent by a specified date; keeping their unit in good condition; complying with limits on the number of people who may live in the rental unit; providing a specified amount of notice to end a tenancy; and avoiding damage to the rental property or disturbing other tenants or neighbours.

Typical disputes occur when a tenant feels that his or her rights have been violated, or when a landlord claims that a tenant has failed to comply with a lease or rental agreement requirement, such as to pay rent on time. Many landlords and tenants are able to negotiate an agreement on their own or, perhaps, with the help of an outside mediator. In some cases (such as discrimination complaints), a government agency (such as, a federal or state fair housing agency) may be involved. Should a landlord-tenant dispute end up in court (for example, in an eviction or personal injury lawsuit), both landlord and tenant will need an experienced attorney to represent them. A dispute that ends up in small claims court (such as a fight over the security deposit) is an exception: Lawyers are not necessary in small claims court and are not even allowed in many states.

In Nebraska, a landlord can evict a tenant for a variety of reasons, the most common of which are not paying rent or violating the lease or rental agreement. If a tenant is being evicted for one of those reasons, the tenant may have a defense available to challenge the eviction.

This article examines the basic eviction procedures in Nebraska, along with the most common grounds for eviction and some of the most common defenses available.

Grounds for Eviction in Nebraska

Nebraska has adopted the Uniform Residential Landlord and Tenant Act (URLTA), which regulates the rules landlords and tenants must follow when renting property in Nebraska, including the rules governing evictions. The most common reasons for eviction are failing to pay rent or violating the lease agreement. When attempting to evict a tenant for one of these reasons, the landlord must carefully follow all the rules set out in the URLTA.

Failure to Pay Rent

A landlord cannot just go straight to the courthouse to file an eviction lawsuit as soon as a tenant fails to pay rent. The landlord must first provide the tenant with a three-day notice. The notice must state that the tenant has three days to pay rent or the landlord will terminate the lease. If the tenant does not pay rent within the three-day time period, the landlord can then go to court and file an eviction lawsuit (see Neb. Rev. Stat. § 76-1431(2)).

Lease Violations

Before a landlord can file an eviction lawsuit for a lease violation, the landlord must provide notice to a tenant. The notice for the lease violation must state that the lease will terminate and eviction proceedings will begin in 30 days, unless the violation is fixed within 14 days from the date of the notice. If the tenant does not fix the lease violation within 14 days, then the landlord can file the eviction lawsuit with the court at the end of the 30-day time frame.

If the tenant fixes the violation and then, within six months, commits the same violation again, the landlord must give the tenant a 14-day notice that states the lease will terminate in 14 days and eviction proceedings will begin at that time. The landlord is not required to give the tenant any time to fix the violation. This means that even if the tenant fixes the violation within the 14 days, the landlord can still proceed with the eviction (see Neb. Rev. Stat. § 76-1431(1)).

Examples of lease violations include subletting the apartment when subletting is specifically prohibited in the lease or having a pet when none are allowed.

Eviction Process

If the tenant has not fixed the lease violation or paid rent before the notice period ends, then the landlord can file an eviction lawsuit with either the district court or county court in Nebraska (see Neb. Rev. Stat. § 76-1409). The landlord must file a complaint and summons with the court. After the paperwork is processed by the court, the tenant will receive a copy. The summons will have a time and date on it for a hearing before a judge. If the tenant wishes to challenge the eviction, the tenant must attend the hearing. At the hearing, the judge will listen to both the landlord and the tenant and then make a final decision regarding the eviction (see Neb. Rev. Stat. §§ 76-1440–1447).

The tenant may find that challenging the eviction is not always the best option. The tenant might have to pay the landlord’s court and attorney’s fees if unsuccessful in court. The tenant could also receive a negative credit rating and could be turned down for future housing. The best option for the tenant might be to try to talk to the landlord and negotiate a deal outside the court system. Many communities have free or low-cost mediation services that handle landlord-tenant disputes; local resources are available through the website mediate.com and the American Arbitration Association. The mediation faqs on the Nolo site provide more information on the subject.

Eviction Defenses in Nebraska

A tenant being evicted for failing to pay rent or violating the lease may have at least one defense available.

Landlord Evicts Tenant through "Self-Help" Methods

A tenant can only be evicted after a landlord has received a court order allowing the eviction to proceed. Nebraska law makes it illegal for a landlord to attempt to evict a tenant through any other means, including shutting off the utilities or changing the locks at the rental property. This type of unlawful action by a landlord is often referred to as a “self-help” eviction. If a tenant is evicted in this manner, the tenant can sue the landlord for damages (see Neb. Rev. Stat. § 76-1430). For more information on “self-help” evictions, see the Nolo article Illegal Eviction Procedures in Nebraska.

Landlord Does Not Follow Proper Procedures

It is very important that a landlord carefully follow all the procedures set forth in the URLTA when evicting a tenant. If the landlord does not follow all the rules, the eviction may not be valid. For example, the landlord must give the tenant a 30-day notice when attempting to evict the tenant for a lease violation. The notice must state that the tenant has 14 days to fix the violation or the lease will terminate at the end of 30 days. The landlord must wait the full 30 days before filing the eviction lawsuit. If the landlord decides to file the eviction lawsuit after only 14 days, the tenant can use lack of proper notice to defend against the eviction. The eviction lawsuit would then stop, and the landlord would have to re-start the process, giving the tenant a new 30-day notice. The landlord would have to wait the proper 30 days before filing a new eviction lawsuit with the court. As long as everything was then in order, the eviction would likely proceed. It is important to note that this type of defense does not stop a justified eviction. It merely delays it. As soon as the landlord fixes the deficient procedure, the eviction will continue.

Landlord Evicts Tenant for Not Paying Rent

A tenant may have a defense available if being evicted for not paying rent.

Tenant Paid Rent in Full

After a tenant fails to pay rent on time, a landlord must give the tenant a three-day notice that allows the tenant to pay rent within three days before the landlord can file the eviction lawsuit. If the tenant pays the rent within the three-day period, the landlord must not proceed with the eviction (see Neb. Rev. Stat. § 76-1431(2)). The tenant should always ask for a time-stamped receipt if paying rent because of a three-day notice. This way, if the landlord proceeds with the eviction even after receiving the rent, the tenant can use the receipt as evidence that rent was paid on time.

Landlord Did Not Maintain the Rental Unit

A landlord in Nebraska is required to maintain the rental unit in a fit and habitable condition. This means the landlord must do the following:

comply with all housing codes that affect health and safety
keep all common areas clean and safe
maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances the landlord agreed to supply
provide trash receptacles and arrange for their removal, and
supply running water, including hot water, and heat at all times.

See Neb. Rev. Stat. § 76-1419.

If the rental unit is need of repair in one of these areas, the tenant has a few options available. The type of repair that is needed determines how the tenant should proceed. If the landlord either deliberately or negligently does not provide running water, including hot water, heat, or another essential service, then, after providing the landlord with written notice specifying the problem, the tenant can do one of the following:

The tenant can choose to pay the necessary costs to receive the essential service and then deduct those costs from the rent.
The tenant can find another place to live until the landlord fixes the problem and supplies the essential service. If the tenant chooses this option, the tenant does not need to pay rent until the landlord fixes the problem.
The tenant can sue for damages based upon the diminished value of the rental property because of the lack of necessary services.

See Neb. Rev. Stat. § 76-1427.

For all other types of necessary repairs, the tenant must give the landlord a written 30-day notice that details the repairs needed. The notice must state that the landlord has 14 days to make the necessary repairs or the lease will terminate at the end of 30 days. If the landlord has not made the necessary repair within 14 days, the tenant can move out of the rental unit at the end of the 30-day period and will no longer be responsible for paying rent (seeNeb. Rev. Stat. § 76-1425).

If the landlord decides to sue the tenant for not paying rent, or paying reduced rent as the case may be, the tenant can defend against the eviction by proving that the landlord did not make necessary repairs as required by law. For more information on the subject, see the Nolo article Nebraska Tenant Rights to Withhold Rent or “Repair and Deduct.”

Landlord Evicts Tenant for Violating the Lease Agreement

Before evicting a tenant for violating the lease, a landlord must provide the tenant with a 30-day notice. The notice must give the tenant 14 days to fix the violation, or the lease will terminate at the end of 30 days. If the tenant fixes the violation within 14 days of receiving the notice, the landlord must not proceed with the eviction. If the landlord tries to evict the tenant anyway, the tenant can use evidence that the violation was fixed as a defense to the eviction.

Remember, if this is the second notice for the same lease violation within six months of receiving the first notice, the landlord does not need to give the tenant any time to fix the violation. At the end of 14 days, the landlord can file an eviction lawsuit, even if the tenant has corrected the violation (see Neb. Rev. Stat. § Neb. Rev. Stat. § 76-1431(1)).

Landlord Evicts the Tenant Based on Discrimination

The federal Fair Housing Act and the Nebraska Fair Housing Act make it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Additional Resources for Tenants in Nebraska

Legal Aid of Nebraska provides low cost or free legal services to those who qualify based on income. Legal Aid of Nebraska also provides free online resources for anyone who has questions related to landlord-tenant issues. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Finding Your Local Courthouse

Eviction lawsuits are filed with the either the district court or county court in Nebraska, depending on how much money is involved with the lawsuit. If the landlord is suing for possession, plus rent or damages over $52,000, the landlord will file the case with the district court. If the landlord is suing solely for possession, or rent or damages are under $52,000, the landlord will file the case with the county court. To find your local district court, visit this online directory. To find your local county court, visit this online directory.

When to Hire an Experienced Lawyer

If you have more specific legal questions about your eviction case or the landlord has already retained a lawyer, you should probably also contact a lawyer. A lawyer can handle the whole case or give you advice on how to proceed. A lawyer can also let you know how likely you are to win your case. You may especially want to hire an attorney if you are confident of your case and your lease or rental agreement entitles you to attorney fees if you win in court.

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Lawyer.

Also check out Nolo’s Lawyer Directory for Nebraska lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more articles on the subject, see the Evictions and Terminations section of Nolo.com.

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

A landlord can evict a tenant in Montana for a variety of reasons, including failing to pay rent or violating the lease or rental agreement. However, a tenant may have at least one defense available to challenge the eviction.

This article examines the basic eviction procedures in Montana, along with the most common grounds for eviction and their corresponding defenses.

Grounds for Eviction in Montana

The Residential Landlord and Tenant Act of 1977 regulates the relationship between landlords and tenants in Montana and also provides the procedures a landlord must follow when evicting a tenant. The most common grounds for eviction are failing to pay rent and violating the lease agreement. The only way to evict a tenant in Montana is by receiving a court order allowing the eviction to occur. The procedure for evicting a tenant who fails to pay rent is slightly different from the procedure for evicting a tenant who violates the lease.

Nonpayment of Rent

As soon as a tenant fails to pay rent on time, a landlord can begin the eviction process. The first step in the eviction process is to give the tenant a written notice that states that the tenant has three days to pay rent or the lease will terminate and the landlord will file an eviction lawsuit with the court. If the tenant still does not pay rent within the three-day time period, then the landlord can file an eviction lawsuit with the court (see Mont. Code Ann. § 70-24-422(2)).

Lease Violations

If a landlord intends to evict a tenant for violating the lease, the landlord must first give the tenant a notice as soon as the lease violation occurs, or as soon as the landlord is made aware of the lease violation. The notice must give the tenant a certain amount of days to remedy the violation or the lease will terminate and the landlord will file an eviction lawsuit with the court. The amount of days required depends on the type of lease violation.

If the landlord discovers that the tenant has an unauthorized pet or unauthorized people living in the rental unit, then the landlord is required to give the tenant a three-day notice before filing the eviction lawsuit. The tenant will then have three days to remove the pet or the extra people or the lease will terminate. If the tenant has not come into compliance within the three-day time period, then the landlord can go to court and file the eviction lawsuit (seeMont. Code Ann. §§ 70-24-422(1)(b) and (c)).

For all other types of lease violations, the landlord is required to give the tenant a 14-day notice. The tenant will then have 14 days to either come into compliance with the lease or the lease will terminate and the landlord can file an eviction lawsuit (see Mont. Code Ann. § 70-24-422(1)(d)).

If the tenant fixes the lease violation but then, within six months, commits the same violation again, the landlord is only required to give the tenant a five-day notice. This time, the landlord is not required to give the tenant any time to fix the violation before terminating the lease agreement. This means that at the end of the five-day time period, even if the tenant has corrected the violation, the landlord can proceed with the eviction (see Mont. Code Ann. § 70-24-422(1)(e)).

Eviction Process

To begin the eviction lawsuit, the landlord must file a complaint and summons with either the justice court or district court of the county where the rental property is located. The tenant will then receive a copy of the summons and complaint. On the summons, the court will provide a date and time for a hearing before a judge. If the tenant wishes to challenge the eviction, the tenant must file an answer to the complaint with the court, and the tenant must also attend the hearing. At the hearing, the judge will consider the landlord’s argument for eviction and any defenses the tenant may have. Then the judge will make a final decision regarding the eviction. The Montana Judicial Branch publishes two very helpful packets with more detailed information on the eviction process: Asking the Court to Evict Your Tenant and Answering Your Landlord’s Complaint to Evict You.

Eviction Defenses in Montana

Below are some of the most common defenses available to Montana tenants being evicted for not paying rent or violating the lease agreement.

Landlord Evicts Tenant with "Self-Help" Actions

To evict a tenant, a landlord must receive a court order from the court. It is illegal for a landlord in Montana to evict a tenant through any other methods, such as shutting off the utilities or changing the locks at the rental unit. When a landlord attempts to evict a tenant in this manner, it is often referred to as a “self-help” eviction. A tenant who is evicted with a “self-help” eviction, can sue the landlord for damages (see Mont. Code Ann. § 70-24-411). Nolo has published the article Illegal Eviction Procedures in Montana, which has more information on “self-help” evictions.

Landlord Does Not Follow Proper Eviction Procedures

When evicting a tenant, it is very important that a landlord follow all the rules set forth in the Residential Landlord and Tenant Act of 1977. If the landlord does not carefully follow all the rules, the eviction may not be valid. For example, after a tenant fails to pay rent, a landlord is required to give the tenant a three-day notice before filing the eviction lawsuit with the court. If the landlord does not give the tenant a notice and just goes straight to court, the tenant could use lack of notice as a defense to the eviction. The eviction lawsuit would then stop, and the landlord would be required to give the tenant a three-day notice and then file a new eviction lawsuit if the tenant still does not pay rent. It important to keep in mind that this type of defense does not completely stop a justified eviction; it merely delays it. As soon as the landlord fixes the deficient procedure, the eviction will proceed.

Landlord Evicts Tenant for Failing to Pay Rent

A tenant being evicted for failing to pay rent may have a defense available.

Tenant Paid Rent in Full

Before evicting a tenant for failing to pay rent, a landlord is required to give a tenant a three-day notice that states that the tenant has three days to either pay rent or the lease will terminate. If the tenant pays the rent within this three-day window, the landlord is barred from continuing with the eviction (see Mont. Code Ann. § 70-24-422(2)). The tenant should ask for a time-stamped receipt if paying rent because of a three-day notice. This way, even if the landlord still files the eviction lawsuit, the tenant can use the receipt as evidence that rent was paid on time.

Landlord Did Not Maintain the Rental Unit

In Montana, a landlord is required to maintain the rental unit in a fit and habitable condition. This means that the landlord must:

comply with all applicable housing and building codes
keep all common areas safe and clean
maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, air conditioning, and other facilities and appliances supplied by the landlord
provide trash receptacles and arrange for their removal
supply running water, including hot water, at all times
supply heat during the months of October 1 and May 1, and
provide and maintain in good working order a carbon dioxide detector and smoke detector in each rental unit.

See Mont. Code Ann. § 70-24-303.

If the landlord fails to maintain the rental unit, the tenant has a few options available. The type of maintenance needed determines the options the tenant has.

If the landlord either purposefully or negligently fails to supply the rental unit with heat, running water, including hot water, electricity, gas, or another essential service, the tenant must give the landlord a written notice specifying what is needed in the rental unit. If the landlord does not supply the service within a reasonable amount of time, then the tenant may do one of three things:

The tenant can arrange for the essential service to be provided to the rental unit and then deduct the costs from the rent.
The tenant can find a different place to live until the landlord supplies the service to the rental unit. If the tenant chooses this option, the tenant is not obligated to pay rent until the landlord supplies the service.
The tenant can sue the landlord for damages.

See Mont. Code Ann. § 70-24-408.

If the tenant chooses to proceed with any of the options above, the tenant cannot pursue any other remedy, including the remedies listed below.

For all other types of necessary repairs, the tenant must provide the landlord with a 30-day notice that states that unless the repairs are made within 14 days, the lease will terminate at the end of 30 days. If the landlord does not make the repairs, the tenant has one of two options:

The tenant can terminate the lease and move out of the rental unit.
The tenant can cause the repairs to be made and then deduct the amount of the repairs from the rent, so long as the repairs do not cost more than one month’s rent.

See Mont. Code Ann. § 70-24-406.

If the landlord tries to evict the tenant for not paying rent, or for paying reduced rent, the tenant can challenge the eviction by using evidence that the landlord did not adequately maintain the rental unit as required by law. For more information on this topic, see the Nolo article Montana Tenant Rights to Withhold Rent or “Repair and Deduct.”

Landlord Evicts Tenant for Violating the Lease Agreement

If a tenant violates the lease, a landlord must provide the tenant with a notice. If the lease violation is for unauthorized pets or people living in the apartment, the landlord must give the tenant a three-day notice. For all other types of lease violations, the landlord must give the tenant a 14-day notice. If the tenant fixes the violation within the appropriate time frame, the landlord must not proceed with the eviction. The tenant can use evidence that the violation was remedied as a defense if the landlord still tries to evict the tenant (see Mont. Code Ann. § 70-24-422(1)(a)).

Keep in mind that if this is the second notice for the same lease violation within a six-month period, the landlord only needs to provide the tenant with a five-day notice. At the end of the five days, the landlord can proceed with the eviction, even if the tenant has fixed the lease violation (see Mont. Code Ann. § 70-24-422(1)(e)).

Landlord Evicts the Tenant Based on Discrimination

Additional Resources for Tenants in Montana

Legal aid services can provide low-cost or free legal assistance to those who qualify based on income. Montana Legal Services Association is one legal aid organization in the state that can provide legal assistance, and they also have free brochures online with useful information. A Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Finding Your Local Courthouse

Eviction cases are filed with either the justice or district court located in the county where the rental property is located. The Montana Judicial Branch maintains an online directory where you can find the courts in your county. The Montana Judicial Branch also has a website devoted to evictions, providing resources and information for the eviction process.

When to Hire an Experienced Lawyer

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Lawyer.

Also check out Nolo’s Lawyer Directory for Montana lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more articles on the subject, see the Evictions and Terminations section of Nolo.com.

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

In Missouri, a landlord can evict a tenant for failing to pay rent or for violating the lease or rental agreement, among other reasons. A tenant being evicted for failing to pay rent or for violating the lease may have at least one defense available.

This article examines the basic eviction process in Missouri and some of the most common defenses to use against eviction lawsuits.

Reasons for Eviction in Missouri

Missouri state statue regulates the relationship between landlords and tenants and sets out all the rules a landlord must follow when evicting a tenant. The most common reasons tenants are evicted are for failing to pay rent or violating the lease agreement. In order for a landlord to lawfully evict a tenant, the landlord must file an eviction lawsuit with the court and then receive a court order allowing the eviction to occur. Before filing an eviction lawsuit, the landlord must give the tenant a notice. The type of notice required depends on the reason for the eviction.

Failure to Pay Rent

One of the most common reasons tenants are evicted is for failing to pay rent. Once a tenant fails to pay rent on time, the landlord must give the tenant a demand for rent. If the tenant still fails to pay rent, the landlord can begin the eviction proceedings with the court. Missouri law does not state how long a landlord must wait before filing an eviction lawsuit with the court, after giving a demand for rent. If the tenant pays the rent after the demand is given, but before the landlord files the eviction lawsuit, the landlord must not proceed with the eviction (see Mo. Rev. Stat. §§ 535.020 and 535.060).

Lease Violations

Another common reason a tenant is evicted is for violating the lease. In Missouri, if a tenant violates any portion of the lease agreement, the landlord must first give the tenant a ten-day notice that states the tenant has ten days to move out of the rental property or the tenant will be evicted. The landlord is not required to give the tenant any time to fix the lease violation. This means that at the end of the ten days, the landlord can proceed with the eviction if the tenant has not moved out of the rental unit, even if the tenant corrected the lease violation (see Mo. Rev. Stat. §§ 441.030 and 441.040).

Examples of lease violations include having unauthorized people living in the apartment or having a dog when no pets are allowed.

Eviction Process

A tenant can only be evicted from a rental unit upon court order. To obtain a court order, a landlord must file paperwork with the courts.

If the landlord is attempting to evict the tenant for failure to pay rent, the landlord must file an affidavit with the circuit court setting out the details leading up to the eviction, including when the demand was given and how much rent is due and owing. The tenant will receive a copy of the paperwork filed with the court, along with a date and time for a hearing before a judge (see Mo. Rev. Stat. § 535.020).

If the landlord is evicting the tenant for violating the lease, the landlord must submit a complaint and summons to the circuit court. The complaint must contain all the details of the lease violation and the notice given. The tenant will receive a copy of the complaint and summons and a date for a hearing (see Mo. Rev. Stat. § 534.030).

In either case, if the tenant wishes to challenge the eviction, the tenant must appear at the hearing and present a defense. At the hearing, the judge will listen to both the landlord and the tenant and then make a final decision regarding the eviction.

Eviction Defenses in Missouri

A tenant being evicted for failing to pay rent or violating the lease may have at least one defense available.

Landlord Evicts Tenant with "Self-Help" Eviction

The only way a landlord can evict a tenant in Missouri is by receiving a court order allowing the eviction to occur. It is illegal for a landlord to attempt to evict a tenant through any other means, such as changing the locks or shutting off the utilities at the rental property (see Mo. Rev. Stat. § 441.223). This is often referred to as a “self-help” eviction, and a tenant can sue the landlord for damages if the landlord attempts to evict the tenant in such a manner. For more information on the topic, see the Nolo article Illegal Eviction Procedures in Missouri.

Landlord Did Not Follow Proper Eviction Procedures

A landlord must carefully follow all the rules set forth in the Missouri statutes when attempting to evict a tenant, or the eviction may not be valid. A tenant can use insufficient procedure as a defense to an eviction. For example, a landlord is required to give a tenant at least a ten-day notice when evicting a tenant for violating the lease. If the landlord files the eviction lawsuit without giving the tenant a ten-day notice, the tenant can use lack of notice as a defense to the eviction. The eviction proceedings would then stop, and the landlord would be required to give the tenant the ten-day notice. After the ten days ends, the landlord would need to file a new eviction lawsuit. The eviction would then proceed as normal. This type of a defense will not completely stop a justified eviction, but it can delay it. As soon as the landlord fixes the insufficient procedure, the eviction will continue.

Landlord is Evicting Tenant for Not Paying Rent

A tenant may have a defense available if being evicted for failing to pay rent.

Tenant Paid Rent in Full

A landlord is required to give a tenant a demand for rent before filing the paperwork with the court to begin an eviction. If the tenant pays rent after receiving the demand but before the landlord has filed the eviction paperwork with the court, then the landlord must not proceed with the eviction (see Mo. Rev. Stat. § 535.020). A tenant should always ask for a time-stamped receipt when paying rent because of a demand for rent. This way, if the landlord proceeds with the eviction even after receiving rent, the tenant can use the receipt as evidence that rent was paid before the eviction lawsuit began.

Landlord Did Not Maintain the Rental Unit

A landlord with a rental property in Missouri is required to maintain the rental unit in a fit and habitable condition, keep the rental unit clean and safe, and comply with all housing and building codes. If a landlord does not maintain the rental unit according to these standards, a tenant can cause the repairs to be made and then deduct the cost of the repairs from the rent, as long as the tenant also meets a few criteria.

To be able to make a necessary repair and then deduct the amount of the repair from rent, a tenant must have lived in the rental unit for at least six months, be current on paying rent, and be in compliance with the lease. Then the tenant must give the landlord written notice that the rental unit needs a necessary repair. The landlord will have 14 days to make the repair, or shorter in the case of an emergency. If the landlord does not make the repair, the tenant can cause the repair to be made and then deduct the amount of the repair from the rent. However, the tenant can only do this if the cost of the repair is less than one month’s rent (see Mo. Rev. Stat. § 441.234).

If the landlord decides to evict the tenant after the tenant pays reduced rent, the tenant can use evidence that the rental unit was in need of necessary repair as a defense to the rental unit. For more information on this topic, see the Nolo article Missouri Tenant Rights to Withhold Rent or “Repair and Deduct.”

Landlord Evicts Tenant Based on Discrimination

The federal Fair Housing Act and the Missouri Human Rights Act make it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Additional Resources for Tenants in Missouri

Legal aid services can provide low-cost or free legal help to those who qualify based on income. Missouri has legal aid services for every part of the state: Legal Services of Missouri, Legal Services of Eastern Missouri, Legal Aid of Western Missouri, and Mid-Missouri Legal Services. These services have a shared online library of free legal resources, available to anyone who has questions about housing issues. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Finding Your Local Courthouse

Eviction cases are typically filed with the circuit court of the county in which the rental property is located. The Missouri judicial system maintains an online directory with information on each county’s circuit court.

When to Hire an Experienced Lawyer

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Lawyer.

Also check out Nolo’s Lawyer Directory for Missouri lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more articles on the subject, see the Evictions and Terminations section of Nolo.com. If you want to learn about how tenant bankruptcy affects an eviction, see the Nolo article Bankrupt Tenants.

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

A tenant in Mississippi can be evicted for failing to pay rent or for violating the lease or rental agreement. However, a tenant facing eviction for one of these reasons may have a defense available with which to challenge the eviction.

This article examines the most common grounds for eviction in Mississippi, the basic eviction process, and some of the defenses available.

Evictions in Mississippi

The Mississippi Code sets forth all the rules landlords and tenants must follow when renting property, including when and how a landlord can evict a tenant. For an eviction to be legal, the landlord must file an eviction lawsuit with the court and then receive a court order allowing the eviction to occur. Before filing the eviction lawsuit, though, the landlord must first give the tenant notice. The most common reasons for evictions are failing to pay rent or violating the lease, and the notice requirements for each are slightly different.

Notice Requirements for Nonpayment of Rent

Before a landlord can evict a tenant for not paying rent, the landlord must give the tenant a 3-day notice. The notice can be given as soon as rent is late, and it must state that the tenant has three days to either pay rent or move out of the rental property. If the tenant does not pay rent or move, the landlord can file an eviction lawsuit at the end of the three days (see Miss. Code Ann. § 89-7-27).

Notice Requirements for Lease Violations

A landlord can also evict a tenant for violating the lease. The landlord must first give the tenant a 30-day notice that states the tenant has 30 days to either fix the lease violation or the lease will terminate. If the tenant does not fix the lease violation, then the landlord can file an eviction lawsuit with the court.

If the tenant does fix the lease violation but then within six months commits the same violation again, the landlord is only required to give the tenant a 14-day notice. The landlord is not required to give the tenant any time to correct the violation, and the lease will terminate at the end of the 14 days. This means that at the end of 14 days, even if the tenant has fixed the violation, the landlord can proceed with the eviction (see Miss. Code Ann. § 89-8-13).

Examples of lease violations include having unauthorized people living in the rental unit or subletting an apartment when subletting is specifically prohibited in the lease.

Eviction Process

If the tenant does not comply with the notice, then the landlord can file an eviction lawsuit with the circuit court of the county in which the rental unit is located. After the landlord files the appropriate paperwork with the court, the tenant will receive a copy of the paperwork, along with a summons. The summons will have a time and date on it for a hearing before the judge. If the tenant wishes to challenge the eviction, the tenant must appear at the hearing. If the tenant does not appear at the hearing, the landlord will likely win and the eviction will proceed. At the hearing, the judge will listen to both the landlord and the tenant and will make a final decision regarding the eviction (see Miss. Code Ann. §§ 89-7-29–43).

Eviction Defenses in Mississippi

A tenant who is facing eviction for failing to pay rent or for violating the lease may have at least one defense available.

Landlord Evicts Tenant with a "Self-Help" Eviction

To legally evict a tenant, a landlord must receive a court order allowing the eviction to occur. Most states make it illegal for a landlord to attempt to evict a tenant through any other means, such as shutting off the utilities or changing the locks at the rental unit. This type of eviction is often referred to as a “self-help” eviction. A tenant who is evicted through “self-help” actions can usually sue the landlord for damages. For more information on the topic, see the article Illegal Eviction Procedures in Mississippi, published by Nolo.

Landlord Does Not Follow Proper Eviction Procedures

It is very important that a landlord follows all the rules and regulations set forth in the Mississippi Code when attempting to evict a tenant. Otherwise, the eviction may not be valid. For example, when attempting to evict a tenant for failing to pay rent, the landlord is required to first give the tenant a 3-day notice. At the end of the three days, if the tenant has not paid rent or moved out of the rental unit, the landlord can then file the eviction lawsuit with the court. If, however, the landlord decides not to give the tenant a 3-day notice, but just files the eviction lawsuit, the tenant could use lack of notice as a defense to the eviction. The eviction proceedings would stop, and the landlord would be required to give the tenant a 3-day notice. If the tenant still does not pay rent, then the landlord would need to file a new eviction lawsuit with the court. One important thing to remember about this type of a defense is that it does not completely stop a justified eviction. It only delays it. Once the landlord fixes the deficient procedure, the eviction will continue.

Tenant Fails to Pay Rent

A tenant being evicted for not paying rent may have at least one defense available.

Tenant Paid Rent in Full

If a landlord gives a tenant a 3-day notice and the tenant pays the rent within the three days, the landlord must not file the eviction lawsuit. If the tenant does not pay rent during the three-day time period, and the landlord files the eviction lawsuit, the tenant can still stop the eviction by paying rent, plus all court costs, any time before the judge issues the final judgment (see Miss. Code Ann. § 89-7-45). If the tenant is paying rent during the three-day time period, or any time after the three days but before the final judgment, the tenant should ask for a time-stamped receipt from the landlord. This way if the landlord attempts to proceed with the eviction anyway, the tenant can use the receipt as a defense against the eviction.

Landlord Failed to Maintain the Rental Unit

A landlord with a rental unit in Mississippi is required to maintain the rental unit in a fit and habitable condition. This means the landlord must comply with all building and housing codes that affect health and safety and maintain the plumbing, heating, and cooling system of the rental unit (see Miss. Code Ann. § 89-8-23).

If the landlord fails to maintain the rental unit, the tenant must give the landlord written notice that the unit is in need of maintenance. The notice must state that the landlord has 30 days to make the necessary repairs or the tenant will terminate the lease. If the landlord does not make the repairs within the 30 days, the tenant has two options:

The tenant can terminate the lease and move out of the rental unit. The tenant would no longer be obligated to pay rent under the lease agreement (see Miss. Code Ann. § 89-8-13).
The tenant could cause the repairs to be made and then either ask the landlord for reimbursement of the actual costs or deduct the actual costs of the repairs from the rent. If choosing this option, the cost of the repairs must not exceed one month’s rent (see Miss. Code Ann. § 89-8-15).

If the same maintenance is required again within six months, the tenant only needs to give the landlord a 14-day notice stating that the lease will terminate at the end of 14 days. The tenant would then be able to move out of the rental unit and no longer be required to pay rent under the lease, at the end of the 14-day period (see Miss. Code Ann. § 89-8-13(3)(b)).

If the landlord attempts to evict the tenant for not paying rent or paying reduced rent, the tenant can use evidence that the rental unit needed necessary maintenance as a defense to the eviction.

Landlord Evicts Tenant for Violating the Lease Agreement

A landlord is required to give a tenant a 30-day notice before evicting a tenant for violating the lease. The tenant will then have 30 days to fix the violation. If the tenant fixes the violation within the 30 days, the landlord must not proceed with the eviction. The tenant can use evidence that the violation was fixed as a defense to the eviction, if the landlord decides to proceed with the eviction anyway (see Miss. Code Ann. § 89-8-13).

Remember that if this is the second notice for the same violation within six months of receiving the first notice, the landlord is only required to give a 14-day notice to the tenant. At the end of the 14 days, the landlord can terminate the rental agreement, even if the tenant has corrected the violation.

Landlord Evicts the Tenant Based on Discrimination

The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. The federal Fair Housing Act also applies to housing discrimination within the state of Mississippi. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Additional Resources for Tenants in Mississippi

MSLegalServices.org provides free or low-cost legal aid services for those who qualify based on income. MSLegalServices.org also provides some free online resources for landlords and tenants within the state of Mississippi who might have questions about their rights. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Finding Your Local Courthouse

Evictions are filed with the circuit court of the county in which the rental property is located. To find the circuit court in your county, visit the online directory maintained by the state of Mississippi.

When to Hire an Experienced Lawyer

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Lawyer.

Also check out Nolo’s Lawyer Directory for Mississippi lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more articles on the subject, see the Evictions and Terminations section of Nolo.com.

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

In Minnesota, a landlord can evict a tenant for several different reasons, the most common of which are failing to pay rent or violating the lease or rental agreement. A tenant facing eviction for one of these reasons may be able to challenge the eviction and delay the proceedings or stop the eviction altogether.

This article examines the most common grounds for eviction in Minnesota, along with some of the most common defenses available.

Evictions in Minnesota

The landlord-tenant relationship is regulated by statute in the state of Minnesota. Minnesota statutes set forth all the rules landlords and tenants must follow when renting a property, including when and how to evict a tenant. Unlike most states, Minnesota does not require a landlord to provide notice to a tenant before filing an eviction lawsuit with the court. As soon as the tenant commits an act that can lead to eviction, the landlord can file the eviction lawsuit. The most common reasons for eviction are failing to pay rent or violating the lease.

Eviction for Nonpayment of Rent

The most common reason for eviction in Minnesota is a tenant failing to pay rent. As soon as rent is late, the landlord can file an eviction lawsuit with the court. The landlord is not required to give any other kind of notice to the tenant before filing the lawsuit. The tenant can stop the eviction lawsuit at any time before the actual eviction occurs by paying the rent, with interest, court costs, and attorney’s fees (see Minn. Stat. Ann. § 504B.291).

Eviction for Violating the Lease

Another common reason for eviction is a tenant violating the lease or rental agreement. A landlord can file an eviction lawsuit as soon as the violation occurs. Like an eviction for nonpayment of rent, the landlord is not required to give the tenant any kind of notice before filing the eviction lawsuit. The landlord is also not required to give the tenant any time to fix the lease violation (see Minn. Stat. Ann. § 504B.285).

Examples of lease violations include having a dog when no pets are allowed or having unauthorized people living in an apartment.

Eviction Process

To begin an eviction lawsuit, a landlord must file a summons and complaint with the district court of the county in which the rental property is located. The court will set a date and time for a hearing to take place before a judge and put that information on the summons. Then a copy of the complaint and summons will be served upon the tenant. If the tenant wishes to challenge the eviction, the tenant must appear at the hearing. If the tenant does not appear, the judge will likely rule in the landlord’s favor and the eviction will occur. At the hearing, the judge will listen to both the landlord and the tenant and then make a final decision regarding the eviction (see Minn. Stat. Ann. §§ 504B.321–345).

Eviction Defenses in Minnesota

A tenant may have at least one defense available if facing eviction because of failing to pay rent or violating the lease.

Landlord Unlawfully Ousts Tenant

The only way a landlord can evict a tenant is by receiving a judgment from the court allowing the eviction to occur. It is illegal for a landlord to try to evict a tenant through any other means, such as changing the locks at the rental unit or turning off the utilities. This is sometimes called a “self-help” eviction, or unlawful ouster. Minnesota law makes this kind of action a misdemeanor, and a tenant can sue a landlord who attempts to illegally evict a tenant in this manner (see Minn. Stat. Ann. §§ 504B.221, 504B.225, 540B.231, and 540B.375). For more information, see the article Nolo has published entitled Illegal Eviction Procedures in Minnesota.

Landlord Evicts Tenant for Not Paying Rent

A tenant who is being evicted for not paying rent may have at least one defense available.

Tenant Paid Rent in Full

Although a landlord is not required to give a tenant notice before filing the eviction lawsuit, the tenant can still stop the eviction by paying rent in full, plus court costs and attorney’s fees, at any time before the eviction actually occurs. The tenant can either pay the landlord directly or pay the rent to the court, which will then pay the landlord. If the tenant chooses to pay the landlord directly, the tenant should pay with a money order or ask for a time-stamped receipt. This way, if the landlord continues with the eviction, the tenant has proof that the rent was paid during the appropriate time period (see Minn. Stat. Ann. § 504B.291).

Landlord Did Not Maintain the Rental Unit

A landlord with rental property in Minnesota is required to maintain that rental property according to standards set forth by Minnesota statute. This means the landlord must:

keep the premises fit for the intended use of the tenants
keep the premises in good repair
keep the premises energy efficient by installing weather stripping, caulking, storm windows, and storm doors when applicable, and
comply with all applicable health and safety codes.

See Minn. Stat. Ann. § 504B.161.

If the rental unit needs repair or maintenance in one of the areas described above, the tenant must give the landlord a written notice that states the landlord has 14 days to make the repairs or maintenance (see Minn. Stat. Ann. § 504B.385(1)(c)). If the landlord does not make the repairs or necessary maintenance, the tenant must turn to the court for relief.

The tenant can bring an emergency petition before the court in cases of no running water, hot water, heat, electricity, or another essential service (see Minn. Stat. Ann. § 504B.381). In all other cases, the tenant can bring a rent escrow action before the court. This means that the tenant can stop paying rent to the landlord and instead deposit rent into an escrow account with the court, until the landlord makes the necessary repairs (see Minn. Stat. Ann. § 504B.385).

If the landlord tries to evict the tenant for failing to pay rent, the tenant can challenge the eviction by showing evidence that the landlord did not maintain the rental unit and that the tenant has established an escrow account with the court. For more information on the topic, see the Nolo article Minnesota Tenant Rights to Withhold Rent or “Repair and Deduct.”

Landlord Evicts the Tenant for Discriminatory Reasons

The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. In addition, the Minnesota Human Rights Act also makes it illegal to discriminate against a person based on creed, marital status, status with regard to public assistance, or sexual orientation. City ordinance in St. Paul also makes it illegal to discriminate against someone based on age. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Additional Resources for Tenants in Minnesota

Minnesota has several legal aid organizations that provide help to those who qualify based on income, includingMid-Minnesota Legal Aid and Central Minnesota Legal Services. The Minnesota Department of Human Services also provides some online resources related to housing issues. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Finding Your Local Courthouse

Eviction cases are filed with the district court of the county in which the rental property is located. The Minnesota Judicial Branch maintains an online directory for you to easily find the district you reside in. The Minnesota Judicial Branch also provides an online self-help center that provides information related to landlord-tenant issues. In addition, some of the district courts provide online information relating to eviction actions specific to their district, including the First District (serving the Southern Twin Cities Metro and Rural Areas) and the Fourth District (servicing Hennepin County).

When to Hire an Experienced Lawyer

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Lawyer.

Also check out Nolo’s Lawyer Directory for Minnesota lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

Many landlords who are knowledgeable about the Fair Housing Act (FHA) (42 U.S. Code §§ 3601-3619 and 3631)are still concerned about violations. They're afraid that apartment applicants who get rejected will accuse them of discrimination no matter what they do. As a result, some landlords adjust their tenant screening policies--even going so far as to ignore certain requirements--to rent to people whom they fear will respond to a rejection with a fair housing lawsuit.

Making exceptions in this way might appear prudent in the moment, but it's an ill-advised practice that can actually increase your risk of liability.

Why You Should Avoid Fear-Based Decisionmaking

First, keep in mind that making exceptions to your screening policies when you fear discrimination accusations might not be necessary because your fears may be unfounded. Just because you can think of a reason why a prospect will incorrectly assume you discriminated doesn't mean the prospect will follow that script. For example, if you currently don't have any Hispanic tenants living at your property, it doesn't mean a Hispanic applicant who doesn't meet your property's screening criteria, such as minimum income or good landlord references, will assume you rejected him because he's Hispanic.

Also, if fair housing fears leads you to apply more relaxed screening criteria to certain applicants, you may wind up with tenants who would be less likely to afford your rent, or might cause damage to the rental property, which can lead to problems down the road.

Finally, and perhaps most importantly, if you accept applicants because you're worried they'll otherwise accuse you of discrimination, know that your actions will actually amount to illegal discrimination. This is because bending the rules for applicants because of a protected class violates the FHA, and other applicants who were rejected despite having the same or better qualifications may sue you for fair housing violations--and win.

What You Should Do Instead

As a landlord, you should commit to making housing decisions based on legitimate objective criteria that you apply consistently to everyone. Create a written tenant selection plan that spells out your screening requirements and give a copy to all prospects before they even apply for an apartment. For more help with this, see the Nolo article, "Avoid Fair Housing Trouble with a Tenant Selection Plan."

The more you act based on legitimate business interests instead of fears, the more precedent you'll create. The result is that as time goes on you and your staff will feel increasingly more confident applying rules, especially when it involves making what you fear may be unpopular decisions or disappointing tenants.

In addition to applying your screening criteria consistently to all apartment applicants, keep good records showing the reasons for each rejection. This way, you'll be able to defend yourself against applicants who later question their rejection, and you'll have proof that you treat applicants the same when it comes to screening. (For issues relating particularly to applicants with disabilities, see the Nolo article, "Rejecting Rental Applicants With Disabilities.")

Remember, no applicant is happy to learn that his or her apartment application has been rejected, but of course that doesn't mean that landlords should accept every application they get with a goal of satisfying everyone who walks through the leasing office door. Similarly, there's no guarantee that applicants will believe or accept the honest, legitimate reasons behind a rejection and instead choose to accuse the landlord of illegal discrimination. Although these fears are understandable, landlords who bend or break screening rules in response to them do so at their own legal peril.

Learn More About Housing Discrimination

The Rental Applications and Tenant Screening section of Nolo.com includes several useful articles on how to legally choose tenants and avoid fair housing complaints and lawsuits. Also, check out Every Landlord’s Legal Guide, by Marcia Stewart, Ralph Warner and Janet Portman (Nolo) for detailed advice on housing discrimination and how to avoid fair housing lawsuits.

When meeting prospective tenants who appear to have a disability, many landlords try to anticipate their needs. They avoid showing prospects certain apartments based on limitations that the prospects haven't communicated to them. For example, when showing available apartments to someone who walks with a cane, some landlords might assume that an apartment close to the front entrance would be best, and so they might not point out the availability of other apartments that fit the person's search parameters.

Although landlords who try to anticipate prospects' needs often think they're helping accommodate them while streamlining the apartment search process, they're actually asking for fair housing trouble. With limited information and minimal interaction with prospective tenants, landlords aren't in a good position to determine which of their apartments might fit someone's needs when it comes to disabilities. Plus, not only doesn't the Fair Housing Act (FHA) (42 U.S. Code §§ 3601-3619 and 3631) require landlords to be so accommodating, but not telling tenants about available apartments because of a disability amounts to illegal discrimination under the FHA.

Instead of making assumptions, be consistent and tell prospects about all available apartments you have that fit the parameters they communicate to you. If someone with a disability doesn't wish to see certain apartments because of their disability, let the prospect be the one to inform you of any restrictions.

Common Assumptions to Avoid

Here are some assumptions many landlords make when meeting prospective tenants who appear to have a disability. Keep these assumptions in mind so you can avoid making them when dealing with prospects at your property:

Assuming a prospect can't climb stairs. If you assume a person isn't able to use a staircase, it may lead you to start putting limits on which apartments you decide to show the prospect. Before long, you'll be steering anyone with an apparent mobility impairment away from certain parts of your building. Not only will imposing limits put you at risk of fair housing violations, but those limits may actually be inaccurate and cause good tenants to look elsewhere.

For example, if you own a three-story building with no elevator, you might assume someone with a limp can't live above the ground floor, and this belief might lead you to not tell the prospect about available apartments on higher floors. Similarly, if you own a building with an elevator, you might think a prospect with a mobility impairment might need to live in an apartment that's not too far down the hallway from it.

Unless a prospect tells you about such restrictions, you shouldn't limit the prospect's apartment search parameters based on your perception of her disability.

Assuming a prospect can't live independently. If you meet a prospect who has noticeable difficulty when it comes to breathing, walking, or another major life function, you might start to wonder whether the person is capable of independent living. If you're concerned about how a prospect would be able to manage on a day-to-day basis at your building, you might turn the prospect away unless he can prove he's capable of independent living.

But requiring such proof can get you into fair housing trouble. Imposing a blanket independent living requirement as part of tenant screening violates the FHA's ban on disability-based discrimination. Rather than refuse to rent to prospects are can't live on their own, the FHA requires landlords to consider requests such prospects may make for accommodations and modifications and grant them, if they're reasonable.

Say a prospect tells you he needs a part-time or live-in aide to help with certain household chores. You may need to make accommodations to your rules limiting facilities and amenities at the property to tenants so that an aide may use the laundry room or park in the tenants-only lot. Also, if a prospect wishes to rent a studio or one-bedroom apartment for himself independently, you can't require him to hire a live-in aide and rent a larger apartment (at a higher rent) because you believe he's incapable of independent living.

Learn More About Housing Discrimination

This article examines the most common grounds for eviction in Massachusetts, along with the defenses available to tenants.

Grounds for Eviction in Massachusetts

The General Laws of Massachusetts set forth all the rules and regulations landlords and tenants must follow when renting property, including when and how a landlord can evict a tenant. The most common reasons for evictions in Massachusetts are a tenant failing to pay rent or violating the lease or rental agreement. The procedures for evicting a tenant for failing to pay rent are slightly different from the procedures for evicting a tenant who has violated the lease.

Failure to Pay Rent

A landlord can evict a tenant for not paying rent, but the landlord must first give the tenant a 14-day notice, after rent is due but not paid. The notice must state that the tenant has 14 days to either pay rent or move out of the rental unit, or the lease will terminate. If the tenant does not pay the rent or move out within the 14-day time period, the landlord can file the eviction lawsuit with the court.

The landlord must file a summons and complaint with the court to start the eviction. The tenant will then receive a copy of the filed summons and complaint. The summons and complaint will have a date on it for when the tenant is required to file an answer with the court. This date is very important for the tenant, because if the tenant pays all the rent due and owing (plus interest and court costs) by the date required to file the answer, the landlord must not proceed with the eviction (see Mass. Gen. Laws Ann. ch. 186 § 11).

Lease Violations

A landlord must provide a tenant with a notice to quit before filing the eviction lawsuit (see Mass. Gen. Laws Ann. ch. 239 § 1). However, unlike evicting a tenant for not paying rent, the Massachusetts General Laws do not provide guidance on how long the notice to quit must be for a lease violation. The landlord and tenant must look to the lease, which will state the length of time required for a notice to quit because of a lease violation. Most leases will require the landlord to provide the tenant with at least a seven-day notice, according to chapter 13 of Legal Tactics, a book published by the Massachusetts Law Reform Institute.

Examples of lease violations include having a dog when no pets are allowing or having unauthorized people living in an apartment.

Eviction Process

After notice is given, a landlord must file a summons and complaint with the district court of the county in which the rental property is located. Filing the summons and complaint begins the eviction lawsuit, also called summary process. The tenant will receive a copy of the filed summons and complaint, along with dates stating when the tenant must file an answer and when a hearing will be held. If the tenant wishes to challenge the eviction, the tenant must file an answer and attend the hearing before the judge. At the hearing, the judge will listen to both the tenant and the landlord and make a final determination regarding the eviction.

For more information on the eviction process, see the Eviction Self-Help Center maintained by the Massachusetts Court System.

Eviction Defenses in Massachusetts

Below are some of the most common defenses a tenant may be able to use if faced with an eviction.

Landlord Evicts Tenant with a "Self-Help" Eviction

A landlord must receive a court order, called an execution, in order to evict a tenant. It is unlawful for a landlord to attempt to evict a tenant in any other way, such as changing the locks at the rental unit or shutting off the utilities. This is often referred to as a “self-help” eviction. If a landlord tries to evict a tenant using “self-help” means, the tenant can sue the landlord for damages and even for re-possession of the rental unit (see Mass. Gen. Laws Ann. ch. 186 §§ 14 and 15F). For more information on the topic, see the Nolo article Illegal Eviction Procedures in Massachusetts.

Landlord Does Not Follow Proper Eviction Procedures

A tenant can challenge an eviction if the landlord did not carefully follow all the procedures set forth in either the Massachusetts General Laws or in the lease. For example, if trying to evict the tenant for not paying rent, the landlord must give the tenant at least a 14-day notice that states the lease will terminate if the tenant does not either pay rent or move out of the rental unit within 14 days. If the landlord files the eviction lawsuit without giving the tenant a 14-day notice, the tenant can use lack of proper notice as a defense against the eviction. The eviction would then stop and the landlord would be required to give the tenant a 14-day notice before filing a new eviction lawsuit.

It is important to remember that challenging an eviction on these grounds will not stop a justified eviction. It will merely delay the eviction. As soon as the landlord fixes the incorrect procedures, the eviction will proceed as normal.

Tenant Is Evicted for Failing to Pay Rent

A tenant facing eviction for failing to pay rent may have a defense available.

Tenant Paid Rent in Full

A tenant can stop an eviction for failure to pay rent by paying rent at any time before the tenant’s answer to the complaint is due. This means that the tenant can still stop the eviction even after the 14-day period has expired. An answer is due after the landlord files the complaint with the court to start the eviction lawsuit. The tenant has until the date the answer is due back to the court to pay rent in full to the landlord, along with any interest, late fees, and court costs that have accrued (see Mass. Gen. Laws Ann. ch. 186 § 11). The tenant should ask for a time-stamped receipt when paying rent. Then, if the landlord proceeds with the eviction anyway, the tenant can use the receipt as evidence that rent was paid during the appropriate time period.

Landlord Did Not Maintain the Rental Unit

In Massachusetts, a landlord is required to keep a rental unit fit and habitable. This means that the rental unit must comply with all sanitary and building codes within the state, and the rental unit must not negatively affect the health, safety, or well-being of the tenant.

If a rental unit requires maintenance because it is not up to code or has a defect affecting the health, safety, or well-being of the tenant, the tenant is required to give the landlord written notice of the necessary repair. The landlord has five days to arrange for the repair to be made and 14 days to actually complete the repairs. If the landlord does not complete the repairs within 14 days, the tenant can arrange for the repairs to be made and then deduct the amount of the repairs from the rent. The total amount of repairs, however, cannot exceed more than four months’ rent (see Mass. Gen. Laws Ann. ch. 111 § 127L).

If the landlord tries to evict the tenant for not paying rent, the tenant can use proof that the landlord did not make necessary repairs to the rental unit as a defense to the eviction (see Mass. Gen. Laws Ann. ch. 239 § 8A). For more information on this topic, see the Nolo article Massachusetts Tenant Rights to Withhold Rent or “Repair and Deduct.”

Landlord Evicts the Tenant Based on Discrimination

The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. In addition, Massachusetts has established the Massachusetts Antidiscrimination Law which also prohibits landlords from discriminating against a tenant based on creed, gender identity, sexual orientation, age, genetic information, ancestry, marital status, veteran or armed forces status, blindness, hearing loss, or any other disability. Massachusetts has also made it illegal for a landlord to refuse to rent a unit that does or may contain lead paint, even if the prospective tenant has children (see Mass. Gen. Laws Ann. ch. 111 § 199A). If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Additional Resources for Tenants in Massachusetts

Legal aid organizations, such as the Massachusetts Legal Assistance Corporation, can provide free legal assistance to those who qualify based on income. MassLegalHelp also has a vast online library with information on housing-related issues. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Finding Your Local Courthouse

Eviction lawsuits are filed in the district court of the county in which the rental unit is located. The Massachusetts Court Systems maintains an online directory for you to look up your district court by county. In addition, the Massachusetts Court System also has very helpful information on evictions and related issues in its online self-help center and its online law library.

When to Hire an Experienced Lawyer

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Lawyer.

Also check out Nolo’s Lawyer Directory for Massachusetts lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

A tenant in Maryland who is facing eviction because the tenant failed to pay rent or violated the lease or rental agreement may have at least one defense available.

This article will examine the most common grounds for eviction in Maryland and some of the defenses available.

Common Reasons for Eviction

The two most common reasons tenants are evicted are for failing to pay rent or violating the lease or rental agreement. When trying to evict a tenant for one of these reasons, a landlord must carefully follow the rules set forth in the Maryland statutes, which provide the rules and regulations landlords and tenants must follow when renting property within the state.

Failure to Pay Rent

The most common reason tenants are evicted is because they do not pay rent. Unlike most states, a landlord in Maryland is not required to give a tenant any notice before the landlord begins eviction proceedings. This means that if the tenant does not pay rent the day it is due, the landlord can file an eviction lawsuit the very next day. However, the tenant can stop the eviction by paying all rent due and owing, including late fees and any court costs, on or before the date of the hearing before the judge (see Md. Code Ann. [Real Prop.] § 8-401).

Lease Violations

Another common reason for eviction is because the tenant violates the lease or rental agreement--for example, by having a dog when none are allowed or throwing loud parties during designated quiet hours. For an eviction based on a lease violation, a landlord is required to give the tenant notice before filing the eviction lawsuit with the court. If the tenant’s lease violation can cause danger to themselves or to someone else on the property, the landlord is required to give the tenant a 14-day notice. For lease violations that do not cause harm to another person, the landlord is required to give the tenant a 30-day notice. Both types of notice must state that the tenant must fix the violation within the appropriate time frame or the landlord will file the eviction lawsuit with the court (see Md. Code Ann. [Real Prop.] § 8-402.1).

Eviction Process in Maryland

To begin the eviction lawsuit, a landlord must file a complaint and summons with the district court of the county in which the rental property is located. After the complaint and summons are filed, the tenant will receive a copy of the paperwork. The summons will have a date and time on it for a hearing before a judge. If the tenant wishes to challenge the eviction, the tenant must appear at the hearing. The judge will listen to both the landlord and the tenant and then make a final determination regarding the eviction. For more information on the process, visit theonline Housing section of the Maryland Courts.

Eviction Defenses in Maryland

There are some defenses available to tenants who are facing eviction because of failure to pay rent or for violating the lease.

Landlord Evicts Tenant with a "Self-Help" Eviction

The only way a landlord can legally evict a tenant is by receiving permission from a judge in the form of a court order. It is unlawful for a landlord to try to evict a tenant through any other means, such as changing the locks on the doors or shutting off the utilities (see In re Promower, Inc., v. Scuderi, et al., 56 B.R. 619 (U.S. Bankruptcy Court, D. Maryland, 1986)). This type of an eviction is often referred to as a “self-help” eviction, and a tenant who is evicted with a “self-help” eviction can often sue the landlord for damages. For more information on this topic, see the Nolo article entitled Illegal Eviction Procedures in Maryland.

Landlord Does Not Follow Proper Eviction Regulations

The rules for evictions are set forth in the Maryland statutes, and it is very important that a landlord carefully follow these rules when attempting to evict a tenant. For example, when evicting someone for a lease violation, the landlord must give the tenant a 30-day notice, as long as the violation is not harming any other person on the property. The landlord must wait the full 30 days before filing the eviction lawsuit with the courts. If the landlord files the eviction lawsuit before the 30-day time frame has ended, then the tenant can challenge the eviction based on lack of proper notice. The eviction would likely stop, and the landlord would have to give the tenant a new 30-day notice. At the end of the full 30 days, the landlord would need to file a new eviction lawsuit.

This type of defense does not completely stop a justified eviction, but it can give the tenant a little more time in the rental unit. As soon as the landlord fixes the deficient procedure, the eviction will proceed as normal.

Landlord Evicts Tenant for Not Paying Rent

If a landlord attempts to evict a tenant for not paying rent, the tenant may have a defense available.

Tenant Paid Rent in Full

If being evicted for failing to pay rent, a tenant has until the day of the eviction hearing to pay rent in full, including late fees, interest, and court costs. As long as the tenant pays everything due and owing to the landlord by the date of the hearing, the landlord must not continue with the eviction and the case will be closed (see Md. Code Ann. [Real Prop.] § 8-401(c)(5)). A tenant paying rent late like this should ask for a time-stamped receipt, which can be used as a defense in case the landlord continues with the eviction anyway.

Landlord Did Not Maintain the Rental Unit

Under Maryland law, a landlord is required to repair any conditions at a rental unit that could be a fire hazard or a serious threat to the life, health, or safety of the tenants. This means the landlord must:

provide heat, light, electricity, and hot and cold running water
provide adequate sewage disposal facilities
ensure there are no rodent infestations on the property, and
repair any structural defects that could threaten the physical safety of the tenants.

See Md. Code Ann. [Real Prop.] § 8-211(e).

If the rental unit needs repair in one of these areas, the tenant must provide written notice to the landlord stating the necessary repairs. If the landlord does not make the repairs within 30 days, the tenant has two options. The tenant can either stop paying rent altogether or pay rent into an escrow account held by the court, rather than pay rent directly to the landlord, until the landlord makes the necessary repairs. The tenant can also petition the court for a judgment against the landlord requiring the landlord to make the repairs.

If the landlord decides to evict the tenant for not paying rent, the tenant can defend against the eviction by showing that the landlord failed to make necessary repairs to the rental unit (see Md. Code Ann. [Real Prop.] §§ 8-211 and8-211.1).

For more information on this topic, see the article Maryland Tenant Rights to Withhold Rent, published by Nolo.

Landlord Evicts Tenant for Violating the Lease Agreement

As described above, a landlord is required to give a tenant either a 14- or 30-day notice if the tenant has violated the lease. The tenant will then have either 14 or 30 days to correct the lease violation before the landlord files the eviction lawsuit. If the tenant corrects the violation within the appropriate time frame, the landlord must not proceed with the eviction (see Md. Code Ann. [Real Prop.] § 8-402.1(a)(1)(i)(3)). If the tenant fixes the violation but the landlord proceeds with the eviction anyway, the tenant can use proof that the violation was fixed as a defense to the eviction.

Landlord Evicts the Tenant Based on Discrimination

Additional Resources for Tenants in Maryland

Legal aid offices, such as Maryland Legal Aid, can provide free or low-cost legal help to those who qualify based on income. Maryland Legal Aid also publishes several brochures with housing information, available to all who have questions about landlord-tenant issues. Tenants who live in federally assisted housing should also check out thetenant resource page at HUD.gov.

Eviction cases are typically filed in the district court of the county in which the rental property is located. To find information for your district court, visit the online directory maintained by the Maryland Courts. The Maryland Courts also maintain a helpful Housing section in their Legal Help section. This section has useful information about what to expect in court and the types of cases a landlord can bring against a tenant.

When to Hire an Experienced Lawyer

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Lawyer.

Also check out Nolo’s Lawyer Directory for Maryland lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more articles on the subject, see the Evictions and Terminations section of Nolo.com.

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

In Maine, a landlord can evict a tenant for failing to pay rent or for a major violation of the lease or rental agreement. A tenant facing eviction for one of these reasons may have a defense available.

This article will examine the most common grounds for eviction in Maine, along with some of the defenses available to tenants.

Common Grounds for Eviction in Maine

The two most common reasons tenants are evicted in Maine are for not paying rent or for a major lease violation. Before beginning eviction proceedings against a tenant for one of these reasons, a landlord must first give the tenant notice.

Notice Requirements for Nonpayment of Rent

A landlord must give a tenant who is late with rent a seven-day notice before filing the eviction lawsuit with the court. The notice must state that the tenant has seven days to pay rent in full or eviction proceedings will begin. After the seven days have ended, the landlord can file the eviction lawsuit if the tenant has not paid rent. The tenant can still stop the eviction by paying all rent due and owing, plus court fees, by the date the judge issues the writ of possession at the end of the eviction proceedings (see Me. Rev. Stat. Ann. tit. 14 § 6002).

Notice Requirements for Lease Violations

A tenant can also be evicted for violating certain parts of the lease. This means specifically that a tenant can be evicted for causing major damage to the rental unit without repairing the damage, causing or permitting a nuisance at the rental unit, causing the rental unit to be unfit for human habitation, or breaking the law while living in the rental unit. If the tenant does any of these things, the landlord must give the tenant a seven-day notice that specifically states the reasons why the tenant is being evicted. The landlord is not required to give the tenant any time to fix the violation. At the end of seven days, the landlord can file the eviction lawsuit with the court (see Me. Rev. Stat. Ann. tit. 14 § 6002).

Examples of major lease violations include deliberately damaging property, such as breaking a window, and not repairing the damage, or having a dog when no pets are allowed.

Eviction Process

After the seven-day notice has ended, the landlord can begin the eviction lawsuit by filing a summons and complaint with the district court of the county in which the rental property is located. The court will schedule a hearing to be held before a judge, and then the tenant will receive a copy of all the paperwork filed with the court. If the tenant wishes to challenge the eviction, the tenant must file an answer with any defenses listed in it by the date of the hearing (see Me. Rev. Stat. Ann. tit. 14 § 6003).

At the hearing, the judge will listen to both the landlord and the tenant and make a final decision regarding the eviction. If the judge rules in favor of the landlord, the judge will issue a writ of possession to the landlord. The writ of possession gives permission to the landlord to have the eviction occur. The writ of possession will be executed by either the constable or a sheriff (see Me. Rev. Stat. Ann. tit. 14 § 6005).

The tenant may find that challenging the eviction is not always the best option. The tenant might have to pay the landlord’s court and attorney’s fees if unsuccessful in court. The tenant could also receive a negative credit rating and could be turned down for future housing. The best option for the tenant might be to try to talk to the landlord and negotiate a deal outside the court system. In fact, the Maine judicial system strongly encourages the landlord and tenant to try mediation before eviction. The court system has published a brochure on the topic. Many communities also have free or low-cost mediation services that handle landlord-tenant disputes; local resources are available through the website mediate.com and the American Arbitration Association. The mediation faqs on the Nolo site provide more information on the subject.

Eviction Defenses in Maine

A tenant facing an eviction in Maine may have at least one defense available.

Landlord Evicts Tenant with "Self-Help" Actions

The only way to legally evict a tenant in Maine is to get a writ of possession from a judge. It is illegal for a landlord to attempt to force a tenant out of the rental unit through any other means, such as turning off the utilities or changing the locks on the doors. This type of eviction is often referred to as a “self-help” eviction or an unlawful ouster, and Maine specifically makes it illegal. If the landlord attempts to evict the tenant using “self-help” actions, the tenant can sue the landlord for damages (see Me. Rev. Stat. Ann. tit. 14 § 6014). Nolo has published the articleIllegal Eviction Procedures in Maine with more information on the topic.

Landlord Does Not Follow Proper Eviction Procedures

When attempting to evict a tenant, a landlord must carefully follow all the procedures and rules set forth in the Maine statutes. Otherwise, the eviction may not be valid. For example, a landlord is required to give a tenant a seven-day notice before filing an eviction lawsuit for failure to pay rent. If the landlord files the eviction lawsuit without giving the tenant any notice, the tenant can use lack of notice as a defense against the eviction. The eviction lawsuit would then stop, and the landlord would be required to give the tenant a proper seven-day notice. At the end of the seven days, if the tenant still has not paid rent in full, the landlord could then file a new eviction lawsuit with the district court.

It is important to note that this type of defense will rarely, if ever, stop a justified eviction. It will merely delay the proceedings until the landlord fixes the deficient procedure.

Landlord Evicts Tenant for Not Paying Rent

A tenant being evicted for failing to pay rent may have at least one defense available.

Tenant Paid Rent in Full

After a tenant fails to pay rent on time, the landlord is required to give the tenant a seven-day notice. If the tenant pays the rent within that seven-day time frame, the landlord must not proceed with the eviction. If the tenant does not pay rent within the seven-day time frame, the landlord can file the eviction lawsuit. Then the tenant has until the judge issues a writ of possession to pay all the rent due and owing, plus court fees (see Me. Rev. Stat. Ann. tit. 14 § 6002).

If the tenant pays rent either during the seven-day notice period or before the writ of possession is issued, the landlord must not proceed with the eviction. The tenant should ask for a time-stamped receipt when paying the rent. This way, if the landlord continues with the eviction anyway, the tenant can use the receipt as proof that the rent was paid during the appropriate time.

Landlord Did Not Maintain the Rental Unit

In Maine, a landlord is required to maintain a rental unit so that it is fit for human habitation, including but not limited to, providing and maintaining heat to the rental unit and ensuring that no condition at the rental unit will endanger the health or safety of the tenants. If the landlord fails to maintain a rental unit, the tenant has two options.

The first option is for the tenant to repair the defect and deduct the cost of the repairs from the rent. The tenant must first give the landlord written notice stating what repairs are needed. The landlord will have 14 days to make the repairs. If the landlord does not make the repairs within 14 days, then the tenant can cause the repairs to be made, as long as the repairs cost less than either $500 or half the monthly rent, whichever is greater. The tenant must give the landlord itemized receipts detailing the actual cost of the repairs (see Me. Rev. Stat. Ann. tit. 14 § 6026).

The second option for the tenant is to sue the landlord in district court. A judge will then decide whether the landlord owes the tenant any damages and will require the landlord to make the necessary repairs. Among other things, the judge could decide that the tenant is not required to pay rent until the repairs are made (see Me. Rev. Stat. Ann. tit. 14 § 6021).

If the landlord tries to evict the tenant for paying reduced rent, the tenant can defend against the eviction by proving that the landlord did not make necessary repairs (see Me. Rev. Stat. Ann. tit. 14 § 6002(3)).

For more information on this topic, see the article Maine Tenant Rights to Withhold Rent or “Repair and Deduct,”published by Nolo.

Landlord Discriminates Against Tenant

Additional Resources for Tenants in Maine

Legal aid organizations, such as Pine Tree Legal Assistance and Legal Services for the Elderly, can provide free or low-cost legal services to those who qualify. Pine Tree Legal Assistance also provides housing information online for anyone interested in landlord-tenant topics. Tenants who live in federally assisted housing should also check out thetenant resource page at HUD.gov.

Finding Your Local Courthouse

Eviction lawsuits are filed in the district court of the county in which your rental property is located. To find the district court that services your county, visit the online court directory maintained by the Maine Judicial Branch.

When to Hire an Experienced Lawyer

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Lawyer.

Also check out Nolo’s Lawyer Directory for Maine lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more articles on the subject, see the Evictions and Terminations section of Nolo.com.

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

A landlord can evict a tenant in Louisiana for a variety of reasons, the most common of which are failing to pay rent or violating the lease or rental agreement. However, the tenant may have a defense available if facing eviction for one of these reasons.

This article will examine the basic eviction process in Louisiana, along with some of the most common defenses available for tenants who want to fight an eviction.

Louisiana’s Eviction Process

The relationship between a landlord and a tenant is governed by Louisiana state laws and codes. These rules set forth when and how a landlord can evict a tenant. The most common reasons for evictions are failing to pay rent or violating the lease agreement.

If a tenant has failed to pay rent or has violated the lease and the landlord wishes to evict the tenant, the landlord must first give the tenant a five-day notice to vacate. If the tenant does not move out of the rental unit within five days, the landlord can then file an eviction lawsuit with the court. The landlord can proceed with the eviction, even if the tenant pays the rent during those five days or fixes the lease violation (see La. Civ. Code Ann. art. 4701).

If the tenant does not move out of the rental unit within five days, the landlord can file an eviction lawsuit, or petition, with the justice of the peace for the county in which the rental unit is located. The court will set a hearing and notify the tenant of the date and time. If the tenant wishes to challenge the eviction, the tenant must come to the hearing. At the hearing, the judge will listen to both the landlord and the tenant and make a final determination regarding the eviction (see La. Civ. Code Ann. art. 4731).

Eviction Defenses in Louisiana

A tenant facing eviction may have at least one defense available.

Landlord Evicts Tenant with a "Self-Help" Eviction

The only way a landlord can evict a tenant in Louisiana is by going through the court system. It is unlawful for a landlord to try to force a tenant to leave the rental unit through any other means, such as changing the locks or shutting off the utilities to the rental unit. This type of behavior is often referred to as a “self-help” eviction, and if a landlord tries to evict a tenant in this manner, the tenant can sue the landlord for damages (see Weber v. McMillan, 285 So.2d 349 (1973)). For more information on “self-help” evictions, see the article Illegal Eviction Procedures in Louisiana, published by Nolo.

Landlord Fails to Follow Proper Eviction Procedures

A landlord must carefully follow all the laws and regulations when attempting to evict a tenant. Failure to do so may result in the eviction being stopped. For example, a landlord in Louisiana must give the tenant a five-day notice to vacate the premises before filing the eviction lawsuit. If the landlord does not give the tenant any notice at all, but instead just goes straight to court, the tenant could use lack of notice as a defense against the eviction. The eviction would stop, and the landlord would have to give the tenant the proper five-day notice before filing a new eviction lawsuit at the end of the five days.

Keep in mind that this type of a defense will not stop a justified eviction. As soon as the landlord fixes the deficient procedure, the eviction will proceed as normal.

Landlord Does Not Make Necessary Repairs

In Louisiana, a landlord is required to maintain the rental unit in a condition fit for habitation. This means that if a necessary repair is needed, such as the heater not working or a leaky hot water heater, the landlord is required to make the repairs, as long as the tenant did not purposefully cause the damage (see La. Civ. Code Ann. art. 2691).

If a repair is needed, the tenant should notify the landlord, in writing if possible, and allow the landlord a reasonable amount of time to make the repair. If the landlord does not make the repair, the tenant has a few options:

The tenant can terminate the lease and move out of the rental unit (see La. Civ. Code Ann. art. 2719).
The tenant can make the repairs and then deduct the amount of the repairs from the rent, as long as the amount is reasonable (see La. Civ. Code Ann. art. 2694).

If a landlord tries to evict a tenant for paying reduced rent, the tenant can defend against the eviction by showing that the landlord failed to make necessary repairs and the tenant made the repairs instead. The tenant should keep all copies of receipts and transactions in regard to the repairs made.

Landlord Evicts Tenant Based on Discrimination

The federal Fair Housing Act and the Louisiana Open Housing Act make it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Additional Resources for Tenants in Louisiana

Legal aid organizations, such as the ALSC and Southeast Louisiana Legal Services, can provide free or low-cost legal services to those who qualify based on income. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Finding Your Local Courthouse

Eviction cases are filed with the justice of the peace for the county in which the rental unit is located. To find your local justice of the peace, visit the online directory maintained by the Attorney General’s office.

When to Hire an Experienced Lawyer

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Lawyer.

Also check out Nolo’s Lawyer Directory for Louisiana lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more articles on the subject, see the Evictions and Terminations section of Nolo.com.

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

A landlord can evict a tenant in Kansas for failing to pay rent or for violating the lease or rental agreement. A tenant being evicted for one of these reasons may have a defense available with which to challenge the eviction.

Grounds for Eviction in Kansas

The Residential Landlord and Tenant Act governs the relationship between a landlord and tenant in Kansas, including when and how a landlord can evict a tenant. The most common reasons for eviction are failing to pay rent when it is due and violating the lease or rental agreement. To legally evict a tenant, the landlord must file an eviction lawsuit with the court and receive a court order from a judge allowing the eviction to occur. Before starting the lawsuit, the landlord must give the tenant notice.

Notice Requirements for Nonpayment of Rent

The most common reason to evict a tenant is for failing to pay rent. As soon as rent is late, the landlord can give the tenant in Kansas a three-day notice. The three-day notice must state that the tenant has three days to either pay the rent or eviction proceedings will begin against the tenant. (If the notice is mailed to the tenant, rather than posted at the rental unit or given in person, the tenant will have two additional days to pay the rent.) If the tenant pays the rent during the notice period, the landlord must not proceed with the eviction (see Kan. Stat. Ann. § 58-2564(b)).

Notice Requirements for Lease Violations

Another common reason a tenant may be evicted is for violating the lease. If the tenant violates the lease, the landlord is required to give the tenant a 30-day notice. The notice must state that the lease will terminate in 30 days if the lease violation is not fixed within 14 days. If the tenant fixes the lease violation within 14 days, the landlord must not proceed with the eviction.

However, if the tenant commits the same violation at any time in the future, the landlord is only required to give the tenant a 30-day notice that states the lease will terminate at the end of 30 days. In this case, the landlord is not required to give the tenant any time to fix the violation (see Kan. Stat. Ann. § 58-2564(a)).

Examples of lease violations include parking in an unauthorized parking space or throwing loud parties during designated quiet hours.

Eviction Process

If the tenant does not pay the rent or fix the lease violation within the appropriate time frame, the landlord can file a motion with the district court asking for a court order for possession of the property. The tenant will receive a copy of the paperwork filed with the court, along with notice of a hearing scheduled before a judge. If the tenant wishes to challenge the eviction, the tenant must attend the hearing to present a defense against the eviction. At the hearing, the judge will listen to both the landlord and the tenant and make a final decision regarding the eviction (see Kan. Stat. Ann. § 58-2570(d)).

Eviction Defenses in Kansas

There are a variety of defenses a tenant could use when faced with an eviction.

Landlord Uses “Self-Help” Eviction Methods

A landlord can only evict a tenant in Kansas after receiving a court order from a judge allowing the eviction to occur. Kansas has specifically made it illegal for a landlord to attempt to evict a tenant through any other means, such as changing the locks at the rental unit or shutting off the utilities to the property. This type of eviction is often referred to as a “self-help” eviction. If a landlord attempts to evict a tenant using “self-help” methods, the tenant can sue the landlord for damages (see Kan. Stat. Ann. § 58-2563). Nolo has published the article Illegal Eviction Procedures in Kansas with more information.

Landlord Uses Improper Eviction Procedures

When attempting to evict a tenant in Kansas, a landlord must carefully follow all the rules set forth in the Residential Landlord and Tenant Act. If the landlord does anything improperly, then the eviction could be considered invalid. For example, when evicting a tenant for violating the lease, the landlord is required to give the tenant a 30-day notice, allowing the tenant 14 days to fix the lease violation. If the landlord does not give the tenant any kind of notice but just files the eviction lawsuit with the court, the tenant can use lack of notice as a defense to the eviction. The judge would likely stop the eviction, and the landlord would be required to give the tenant a proper 30-day notice. The landlord could file a new eviction lawsuit at the end of the 30 days if the tenant did not fix the lease violation within the appropriate time.

This type of defense will only delay a justified eviction. It will not completely stop it. As soon as the landlord fixes the improper procedure, the eviction will continue as normal.

Landlord Evicts Tenant for Not Paying Rent

A tenant may be able to challenge an eviction if being evicted for not paying rent.

Tenant Paid Rent in Full

Before filing an eviction lawsuit, a landlord is required to give a tenant three days (or five, if the notice was mailed to the tenant) to pay rent in full. If the tenant pays the rent during this time period, the landlord must not proceed with the eviction (see Kan. Stat. Ann. § 58-2564(b)). The tenant should always ask for a time-stamped receipt if paying rent because of a three-day notice. This way, if the landlord files the motion with the court anyway, the tenant can use proof that the rent was paid as a defense against the eviction.

Landlord Did Not Maintain the Rental Unit

In Kansas, a landlord is required to maintain a rental unit to specific minimum standards. This means the landlord must:

comply with all building and housing codes that affect health and safety
maintain common areas
maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, and air-conditioning appliances
provide trash receptacles and arrange for their removal
supply running water, including hot water, at all times, and
supply heat at all times.

See Kan. Stat. Ann. § 58-2553.

If the landlord fails to maintain the rental unit according to these minimum standards, the tenant can give the landlord a written 30-day notice. The notice must state that unless the landlord makes the necessary repairs to the rental unit within 14 days, the lease will terminate at the end of 30 days. If the landlord fails to make the repairs, the tenant can move out of the rental unit at the end of 30 days and is no longer obligated to pay rent. If the landlord makes the necessary repairs but then fails to provide the same maintenance again at a later date, the tenant is only required to give the landlord a 30-day notice with no opportunity to repair. At the end of 30 days, the tenant can terminate the lease and move out of the rental unit, even if the landlord has made the necessary repairs (see Kan. Stat. Ann. § 58-2559).

If the landlord tries to sue the tenant for unpaid rent after the tenant has terminated the lease because of the landlord’s failure to act, the tenant can use proof that the landlord failed to supply necessary maintenance to the rental unit as a defense to the lawsuit.

Landlord Evicts Tenant for Lease Violation

When attempting to evict a tenant for violating the lease, the landlord is required to give the tenant at least 14 days to fix the lease violation, if this is the first time the tenant has violated the lease. If the tenant fixes the lease violation within 14 days, the landlord must not proceed with the eviction. If the landlord proceeds with the eviction anyway, the tenant can use proof that the violation was fixed as a defense to the eviction.

Remember that if this is the second lease violation of the same type, the landlord is not required to give the tenant any time to fix the violation. The landlord can file the eviction lawsuit at the end of the 30-day notice period, even if the tenant has corrected the violation (see Kan. Stat. Ann. § 58-2564(a)).

Landlord Evicts Tenant Based on Discrimination

The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Additional Resources for Tenants in Kansas

Tenants living in Kansas have a number of places they can turn to for help. Kansas Legal Services provides free or low-cost legal assistance to those who qualify based on income. They also provide free online information for landlords and tenants, available to anyone who has questions. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Finding Your Local Courthouse

Eviction cases are filed with the district court of the county in which the rental property is located. Visit the Kansas Judicial Branch’s online directory to find your district court. The court system also has helpful information online about what to expect when going to court.

When to Hire an Experienced Lawyer

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Lawyer.

Also check out Nolo’s Lawyer Directory for Kansas lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

In Kentucky, a landlord can evict a tenant for failing to pay rent or for violating the lease or rental agreement. A tenant who is facing eviction for one of these reasons may have at least one defense available.

Grounds for Eviction in Kentucky

Kentucky has adopted the Uniform Residential Landlord and Tenant Act (URLTA), which sets forth the rules and regulations landlords and tenants must follow when renting property. According to the URLTA, a tenant is required to pay rent on time and honor the lease. Failure to pay rent and violating the lease are the two most common reasons evictions occur. Before a landlord can evict a tenant for either of those reasons, though, the landlord must give the tenant notice.

Notice Requirements for Nonpayment of Rent

A landlord can evict a tenant for not paying rent when it is due. However, before filing the eviction lawsuit with the court, the landlord is required to give the tenant a seven-day notice. The notice must state that the tenant has seven days to pay rent or the lease will terminate and eviction proceedings will begin (see Ky. Rev. Stat. Ann. § 383.660(2)).

Notice Requirements for Lease Violations

A landlord can also evict a tenant for violating the lease or rental agreement. If a tenant has violated the lease, the landlord is required to give the tenant a notice that states the tenant has 15 days to fix the lease violation (by either stopping a certain act or paying for damages) or the lease will terminate.

If the tenant commits the same lease violation within six months of receiving notice for the first violation, the landlord is only required to give the tenant 14-day notice that states the lease will terminate at the end of 14 days. The landlord is not required to give the tenant any time to fix the violation (see Ky. Rev. Stat. Ann. § 383.660(1)).

Examples of lease violations include throwing loud parties during designated quiet hours or having unauthorized people living in the apartment.

Eviction Process

If the tenant has not paid rent or fixed the lease violation during the appropriate time period, the landlord can then file an eviction lawsuit with the district court of the county in which the rental property is located. The eviction lawsuit is also called a forcible entry and detainer suit. The landlord can also sue for unpaid rent or damages (seeKy. Rev. Stat. Ann. §§ 383.210 and 383.685).

The landlord must file a complaint and summons with the court to begin the lawsuit. The tenant will then receive a copy of the complaint and summons, along with a date and time for a hearing before a judge. If the tenant wishes to challenge the eviction, the tenant must attend the hearing. At the hearing, the judge will listen to both the landlord and the tenant and come to a final decision regarding the eviction.

Eviction Defenses in Kentucky

A tenant facing eviction for failing to pay rent or violating the lease may have a defense against the eviction.

Landlord Evicts Tenant Illegally

In Kentucky, the only legal way to evict a tenant is by receiving a court order from a judge allowing the eviction to proceed. If a landlord attempts to remove a tenant through any other means, such as changing the locks to the rental unit or shutting off the utilities, the tenant can sue the landlord for damages. This type of illegal eviction is often referred to as a “self-help” eviction or unlawful ouster (see Ky. Rev. Stat. Ann. § 383.655). For more information on “self-help” evictions, see the Nolo article Illegal Eviction Procedures in Kentucky.

Landlord Does Not Follow Proper Eviction Procedures

When evicting a tenant, it is very important that the landlord carefully follows all the rules set forth in the Kentucky statutes. If the landlord does not follow all the rules, the eviction may not be valid. For example, the landlord is required to give the tenant a seven-day notice before filing an eviction lawsuit for failure to pay rent. If the landlord does not give the tenant any kind of notice and just files the lawsuit, the tenant can defend against the eviction by claiming lack of notice. The judge would then stop the lawsuit, and the landlord would be required to give the tenant a proper seven-day notice. At the end of the seven-day period, if the tenant still has not paid all the rent due and owing, the landlord can file a new eviction lawsuit.

It is important to note that this type of defense will not stop a justified eviction; it will merely delay it. As soon as the landlord fixes the deficient procedure, the eviction will continue.

Landlord Evicts Tenant for Not Paying Rent

A tenant may have a defense if facing eviction for not paying rent.

Tenant Paid Rent in Full

A tenant has seven days after receiving notice from the landlord to pay late rent in full. If the tenant pays during the seven-day period, the landlord must not continue with the eviction lawsuit (see Ky. Rev. Stat. Ann. § 383.660(2)). When paying rent during the seven-day time frame, the tenant should ask the landlord for a time-stamped receipt. Then, if the landlord continues with the eviction lawsuit anyway, the tenant will have proof that rent was paid during the appropriate time frame.

Landlord Did Not Maintain the Rental Unit

A landlord is required to keep a rental unit in Kentucky fit and habitable. This means the landlord must:

comply with all building and housing codes that affect health and safety
keep all common areas clean and safe
maintain in good and safe repair all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities at the rental unit
supply running water, including hot water, at all times, and
supply heat between the months of October 1 and May 1.

See Ky. Rev. Stat. Ann. § 383.595.

If the rental unit is in need of repair in any of the above areas, the tenant has several options available. The tenant can only choose one of these options at a time.

If the cost of the repair is less than half the monthly rent, the tenant can give the landlord a notice that states that the landlord has 14 days to make the necessary repairs or the tenant will cause the repairs to be made and deduct the cost of the repairs from the rent. If the landlord fails to make the repairs within 14 days of receiving the notice, the tenant can arrange for the repairs to be made. The tenant needs to keep all the receipts and give an itemized statement to the landlord when deducting the costs from the rent (see Ky. Rev. Stat. Ann. § 383.635).
If the landlord fails to supply the rental unit with an essential service, such as heat, electricity, or running water, the tenant can give the landlord written notice of the services needed. Then the tenant can procure the essential service and deduct the costs from the rent, or the tenant can find another place to live until the landlord supplies the essential services. The tenant would not have to pay rent while living in a different location (see Ky. Rev. Stat. Ann. § 383.640).
The tenant could also choose to give the landlord a 30-day notice that states that unless the landlord makes the necessary repairs within 14 days, the lease will terminate at the end of 30 days. If the landlord does not make the repairs within 14 days, the tenant can move out of the rental unit and is no longer required to pay rent (see Ky. Rev. Stat. Ann. § 383.625).

If the landlord tries to evict the tenant for failure to pay rent because the tenant either pays reduced rent or pays no rent, the tenant can defend against the eviction by proving that the landlord failed to make necessary repairs. The court may require the tenant to pay rent to the court, and then the court will determine who receives the rent at the end of the lawsuit (see Ky. Rev. Stat. Ann. § 383.645).

For more information on the topic, see the article Kentucky Tenant Rights to Withhold Rent or “Repair and Deduct,”published by Nolo.

Landlord Evicts Tenant for Violating the Lease Agreement

A landlord is required to give the tenant at least 15 days to fix a lease violation before filing the eviction lawsuit. If the tenant fixes the violation within 15 days, the landlord must not continue with the eviction. If the landlord proceeds with the eviction anyway, the tenant can use proof that the violation was fixed within the appropriate time frame as a defense against the eviction.

Remember that if this is the second notice of the same violation within a six-month period, the landlord does not need to give the tenant any time to fix the violation. At the end of a 14-day notice period, the lease will terminate and the landlord can proceed with the eviction (see Ky. Rev. Stat. Ann. § 383.660(1)).

Landlord Evicts Tenant Based on Discrimination

The federal Fair Housing Act and Kentucky’s Fair Housing Law make it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Additional Resources for Tenants in Kentucky

Legal aid organizations, such as the Legal Aid Network of Kentucky, can provide free or low-cost legal aid to those who qualify based on income. The Legal Aid Network of Kentucky also provides free online housing resources for anyone with questions. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

When to Hire an Experienced Lawyer

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Lawyer.

Also check out Nolo’s Lawyer Directory for Kentucky lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more articles on the subject, see the Evictions and Terminations section of Nolo.com.

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

In New York, a tenant can be evicted for not paying rent or for violating the lease or rental agreement. A tenant may have a defense available to challenge an eviction for one of these reasons.

Eviction laws vary depending on whether the rental property is located within New York City or outside the city, and whether the property is covered by some kind of state or local rent regulation. This article provides general information for evictions within the state of New York. For further information or questions, see the resources below.

Grounds for Eviction in New York

A tenant can be evicted in New York for several different reasons, the most common of which are failing to pay rent or violating the lease. In order to legally evict a tenant, a landlord must get a judgment from the court allowing the eviction to occur. Before the landlord can file the eviction lawsuit with the court, the landlord must give the tenant notice.

Eviction for Nonpayment of Rent

Before a landlord can evict a tenant for failing to pay rent, the landlord must give the tenant a three-day notice, or demand for rent. The notice must state that the tenant has three days to pay rent or move out of the rental unit. If the tenant does not pay the rent or move out of the rental unit within the three days, the landlord can begin eviction proceedings against the tenant (see N.Y. Real Prop. Acts § 711(2)).

Eviction for Lease Violations

If the tenant violates the lease, the landlord must give the tenant a ten-day notice that allows the tenant to fix the violation. If the tenant fixes the violation within the ten-day period, the landlord must not file the eviction lawsuit. If the tenant does not fix the violation within the ten-day period, the landlord must then give the tenant a notice of termination. The notice of termination must state that the tenant has at least 30 days to move out of the rental unit. If the tenant has not moved out of the rental unit by the end of the 30 days, the landlord can then file an eviction lawsuit with the court. See the New York Courts self-help center for holdover notices for more information about lease violations outside of New York City. For information on lease violations within New York City, see the book New York City Landlords and Owners, page 8, published by the New York City housing court.

Examples of lease violations include having a pet when none are allowed or having a washing machine when expressly prohibited by the lease.

Eviction Process

To begin eviction proceedings, the landlord must file a petition with either the district court or housing court of the county in which the rental property is located. The court will assign a time and date for a hearing before a judge and will notify the tenant. If the tenant wishes to challenge the eviction, the tenant must attend the hearing. At the hearing the judge will listen to both the landlord and the tenant and will make a final decision regarding the eviction.

Eviction Defenses in New York

A tenant may have a defense available if being evicted because the tenant failed to pay rent or violated the lease.

Landlord Evicts Tenant with "Self-Help" Actions

It is illegal in New York for a landlord to evict a tenant through any means other than obtaining a court order from a judge. A landlord cannot turn off the utilities to the rental unit or change the locks on the doors or do anything that would interfere with the tenant’s access to the property or use of the property. This type of behavior is often referred to as a “self-help” eviction. If a landlord attempts to evict a tenant with a “self-help” eviction, the tenant could sue the landlord for damages (see N.Y. Real Prop. Law §§ 235 and 853). The Nolo article Illegal Eviction Procedures in New York has more information on the subject.

Landlord Does Not Follow Proper Eviction Procedures

When evicting a tenant, it is very important that a landlord carefully follows all the procedures set forth in New York law. Otherwise, the eviction may not be valid. For example, a landlord must give the tenant a three-day notice before evicting a tenant for failing to pay rent. If the landlord does not give the tenant any notice but files the eviction lawsuit anyway, the tenant can use lack of notice as a defense to the eviction. The eviction lawsuit would stop, and the landlord would be required to give the tenant a three-day notice. If the tenant still does not pay rent, the landlord can file a new eviction lawsuit with the court.

Keep in mind that this type of defense does not completely stop a justified eviction; it simply delays it. As soon as the landlord fixes the deficient procedure, the eviction will proceed as normal.

Landlord Evicts Tenant for Not Paying Rent

A tenant who is being evicted for failing to pay rent may have a defense available.

Tenant Paid Rent in Full

After a tenant fails to pay rent on time, a landlord is required to give the tenant a three-day notice that states that the landlord will begin an eviction lawsuit unless tenant pays rent or moves out of the rental unit within three days. If the tenant pays rent during the three-day time period, the landlord should not proceed with the eviction (see N.Y. Real Prop. Acts § 711(2)). The tenant should ask for a time-stamped receipt when paying rent. This way, if the landlord proceeds with the eviction anyway, the tenant can use the receipt as proof that the rent was paid during the appropriate time period.

Landlord Did Not Maintain the Rental Unit

In New York, a landlord is required to maintain a rental unit in a fit and habitable condition. This means the landlord must supply the rental unit with the necessary utilities, including running water and heat, and then make any necessary repairs as needed (see N.Y. Real Prop. Law §§ 235 and 235-b).

If the landlord fails to make necessary repairs or supply necessary services to the rental unit, the tenant may have a few options:

The tenant may be able to withhold rent until the landlord makes the necessary repairs. The tenant should notify the landlord in writing of the repairs that are needed and give the landlord a reasonable amount of time to make the repairs. If the landlord does not make the repairs, the tenant can withhold rent until the repairs are made (see Semans Family Ltd. Partnership v. Kennedy, 675 N.Y.S.2d 489 (N.Y. City Civ. Ct., 1998)).
The tenant may choose instead to make the necessary repairs and then deduct the cost of the repairs from the rent. Again, the tenant should notify the landlord in writing of the repairs that are needed and give the landlord a reasonable amount of time to make the repairs. If the tenant chooses to make the repairs and then deduct the cost of the repairs from the rent, the tenant should keep a copy of all receipts and invoices and provide the landlord with copies of the same (see Jangla Realty Co. v. Gravagna 447 N.Y.S.2d 338 (Civ. Ct., Queens County, 1981)).

If the tenant chooses either of these options, the tenant should probably also talk to a lawyer to ensure that the tenant is following best practices.

If the landlord tries to evict the tenant after the tenant exercises one of these options, the tenant can defend against the lawsuit by showing that the landlord did not maintain the rental unit according to the law. For more information on this subject, see the article New York Tenant Rights to Withhold Rent or “Repair and Deduct,”published by Nolo.

Landlord Evicts Tenant for Violating the Lease Agreement

A landlord must give the tenant a ten-day notice to cure before beginning an eviction lawsuit because of a lease violation. If the tenant fixes the lease violation within ten days, the landlord must not proceed with the eviction. If the landlord proceeds with the eviction anyway, the tenant can use proof that the violation was fixed within the appropriate time frame as a defense against the eviction.

Landlord Evicts the Tenant Based on Discrimination

The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. The New York State Human Rights Law also makes it illegal for a landlord to discriminate against a tenant based on creed, age, sexual orientation, marital status, or military status. If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Additional Resources for Tenants in New York

It is important to note that the landlord-tenant laws vary within the state of New York depending on whether or not you live within New York City and whether your property is covered by some form of rent regulation. For a comprehensive online resource on tenant rights in New York, see TenantNet. Useful information is also available on the New York State Homes and Community Renewal website. Legal aid organizations throughout the state, such as The Legal Aid Society, can provide free or low-cost legal representation to those who qualify based on income. The Legal Aid Society also has an online self-help center with housing-related questions and answers. The New York Attorney General’s office has also published a book with information on tenants’ rights, available online. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Finding Your Local Courthouse

Eviction cases are typically filed in the district court or housing court of the county in which the rental property is located. To find your local courthouse, visit the New York Courts’ online court locator. The New York Courts also have an online self-help center with information related to evictions both inside and outside New York City.

If you live within Bronx, Brooklyn, Manhattan, Queens, or Staten Island, your local housing court has published a helpful booklet with information related to landlord-tenant relationships and the housing court.

When to Hire an Experienced Lawyer

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Lawyer.

Also check out Nolo’s Lawyer Directory for New York lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more articles on the subject, see the Evictions and Terminations section of Nolo.com.

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

The Fair Housing Act (FHA) (42 U.S. Code §§ 3601-3619 and 3631) protects tenants against discrimination based on a disability, which it defines as including any "physical or mental impairment" that affects one or more life functions. To qualify for protection under the FHA, tenants needn't have a disability that's obvious or even noticeable in some way to a landlord. In fact, it's quite common for landlords to remain unaware of the fact that a prospective or current tenant has a disability until, for example, the tenant decides to request an accommodation for the disability.

Avoid Unnecessary Conversations About Tenants' Disabilities

As a landlord, it's important to keep in mind that asking questions to learn more about a tenant's disability can put you at risk of costly fair housing violations. The fair housing regulations bar landlords from asking applicants if they have a disability and from inquiring into the nature or severity of a disability (24 CFR § 100.202(c)).

Fortunately, you don't need to know the details of a tenant's disability in order to provide housing. On the contrary, tenants are charged with determining if they have limitations or need accommodations and then communicating restrictions or requests to the landlord.

When a tenant has an obvious disability, curiosity or concern prompts many landlords to start asking questions. Similarly, once a landlord discovers that a tenant with a nonobvious disability needs an accommodation (such as keeping a guide dog despite a rule banning pets), the landlord's surprise may prompt a flurry of questions.

Whether the landlord's questions are triggered by mere curiosity or a sincere concern about whether available apartments would suit a prospect's needs, they can lead to fair housing accusations.

Treat Tenants With Obvious and Nonobvious Disabilities the Same

If you offer accessible apartments and have multiple qualified prospects wishing to rent those vacancies, be aware that the FHA doesn’t require you to investigate prospects’ disabilities and decide who can benefit more from the accessible features. Instead, you should create a waiting list for your accessible apartments, and accept prospects on the list who meet your business criteria for choosing tenants on a first-come, first-served basis as the apartments become available.

Also, when a prospect or tenant asks for an accommodation or modification (such as a ramp) in connection with a disability, you're entitled to get a statement from a physician or other medical professional that says the tenant has a disability under the FHA and needs the request in connection with the disability.

If a tenant's disability is obvious and the tenant's need for a certain accommodation or modification is clear, there's no need to seek this verification. Also, be aware that while you may ask for third-party verification of a tenant's disability under the FHA when considering an accommodation or modification request, you can't go a step further and ask tenants for more information about the nature or extent of their disability.

What Landlords Can Ask Everyone

The fair housing regulations make it clear that some questions related to a disability are fine to ask, provided you do so of all applicants (24 CFR § 100.202(c)). They include the following:

questions about an applicant's ability to meet the requirements of a tenancy
questions to determine whether an applicant is qualified for an apartment that's available only to tenants with a disability
questions to determine whether an applicant is qualified for a priority available to tenants with a disability
questions to determine whether an applicant is a current illegal abuser or addict of a controlled substance, and
questions whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance. (For more information on this topic, check out the Nolo article, "Dealing With Tenants Who Have an Addiction to Drugs or Alcohol.")

Learn More About Housing Discrimination

Every state has laws that regulate the landlord-tenant relationship, including when and how a landlord can evict a tenant. The most common reasons for eviction are failing to pay rent or violating the lease or rental agreement. A tenant facing eviction for one of these reasons may be able to defend against the eviction.

This article will examine the eviction process in Connecticut along with some of the most common defenses available to tenants.

Grounds for Eviction in Connecticut

Evictions in Connecticut are governed by the Landlord and Tenant Act, which sets out all the rules landlords and tenants must follow. The only way a landlord can legally evict a tenant is by receiving a court order from a judge that gives permission for the eviction to proceed. Before the landlord can file an eviction lawsuit with the court, the landlord must give the tenant notice. The type of notice required depends on the reason the landlord is trying to evict the tenant. Failure to pay rent and violating the lease are the two most common reasons a landlord might choose to evict a tenant, and they require different types of notice before eviction can occur.

Notice Requirements for Nonpayment of Rent

By law, a tenant has a nine-day grace period to pay rent after it is due before a landlord can take any steps toward eviction (see Conn. Gen. Stat. Ann. § 47a-15a). If the tenant has not paid rent within nine days after it is due, the landlord can then give the tenant a three-day notice to quit. This notice to quit must state that the tenant has three days to move out of the rental unit or eviction proceedings will begin against the tenant. If the tenant does not move out of the rental unit within three days, the landlord can proceed with the eviction (see Conn. Gen. Stat. Ann. § 47a-23).

Notice Requirements for Lease Violations

If a tenant violates any portion of the lease, the landlord must give the tenant a fifteen-day notice before filing an eviction lawsuit with the court. The notice must state that the tenant has fifteen days to correct the violation or the lease will terminate. If the tenant does not correct the violation within fifteen days, the landlord can terminate the lease (see Conn. Gen. Stat. Ann. § 47a-15). Then, the landlord is required to give the tenant a three-day notice to quit that states the tenant has three days to move out of the rental unit or eviction proceedings will begin against the tenant. If the tenant does not move out within three days, the landlord can file an eviction lawsuit with the court (see Conn. Gen. Stat. Ann. § 47a-23).

If the tenant corrects the lease violation within the fifteen-day period but then commits the same violation again within six months, the landlord is not required to give the tenant another fifteen-day notice. Instead, the landlord can proceed directly to the three-day notice to quit and begin eviction proceedings after the three days have ended (see Conn. Gen. Stat. Ann. § 47a-15).

Examples of lease violations include having a dog when no pets are allowed or having unauthorized people living in an apartment.

Eviction Process

If the tenant has not moved out of the rental unit by the end of the three-day notice to quit, then the landlord can file a writ, complaint, and summons with the housing court or superior court of the judicial district in which the rental property is located (see Conn. Gen. Stat. Ann. § 47a-23a). The court will set a hearing date before a judge and notify both the landlord and tenant. The tenant will also receive a copy of the filed writ, complaint, and summons. If the tenant wishes to challenge the eviction, the tenant must attend the hearing before the judge. At the hearing, the judge will listen to both the landlord and the tenant and make a final decision regarding the eviction.

Eviction Defenses in Connecticut

There are several potential defenses a tenant could use to challenge an eviction.

Landlord Evicted Tenant with "Self-Help" Actions

A landlord can only evict a tenant by going to court. It is illegal for a landlord to try to evict a tenant without a court order. For example, a landlord cannot force a tenant out of the rental unit by turning off the utilities to the rental unit or changing the locks on the doors. This type of eviction is often called a “self-help” eviction. If a landlord attempts to evict a tenant through “self-help” actions, the tenant can sue the landlord for possession and damages (see Conn. Gen. Stat. Ann. §§ 47a-43, 47a-46, and 53a-214). For more information on “self-help” evictions, see the Nolo article Illegal Eviction Procedures in Connecticut.

Landlord Did Not Follow Proper Eviction Procedures

When evicting a tenant, it is very important for a landlord to carefully follow all the rules in the Connecticut Landlord and Tenant Act. Otherwise, the eviction may not be valid. For example, a landlord is required to give a tenant a fifteen-day notice if trying to evict the tenant for violating the lease. If the tenant does not fix the violation within fifteen days, the landlord is then required to give the tenant a three-day notice to quit. Only after the three days have expired can the landlord then file the eviction lawsuit with the court. If the landlord fails to give the tenant either of the notices before filing the eviction lawsuit, the tenant can use lack of notice as a defense to the eviction. The lawsuit would likely be stopped and the landlord would be required to give the tenant the appropriate notice. At the end of the notice period, the landlord would have to file a new eviction lawsuit. The eviction would then proceed as normal.

It must be noted that this type of defense will not stop a justified eviction. It will simply delay it until the landlord has corrected the deficient procedure. Once corrected, the eviction will proceed.

Landlord Evicts Tenant for Not Paying Rent

A tenant who is being evicted for failing to pay rent may have a defense available.

Tenant Paid Rent in Full

According to Connecticut law, a tenant has nine days after rent is due to pay rent in full. This means that a landlord cannot begin eviction proceedings against the tenant until the end of the nine-day grace period. If the tenant pays rent during the nine days, the landlord is prohibited from evicting the tenant (see Conn. Gen. Stat. Ann. § 47a-15a). When paying rent during the nine-day grace period, the tenant may wish to ask for a time-stamped receipt. This way, if the landlord proceeds with the eviction anyway, the tenant has proof that the rent was paid during the appropriate time frame.

Landlord Did Not Maintain the Rental Unit

A landlord is required to maintain a rental unit according to a set of minimum standards put forth by the law. According to Connecticut law, the landlord must:

comply with all building and housing codes that affect health and safety
keep the premises in fit and habitable condition by making repairs and providing maintenance as necessary
keep all common areas clean and safe
maintain in good and safe working order all electrical, plumbing, sanitary, heating, ventilating, and any other appliances the landlord has agreed to supply to the tenant
provide trash receptacles and arrange for their removal
supply running water, including hot water, and
supply heat.

See Conn. Gen. Stat. Ann. § 47a-7.

If the landlord fails to supply an essential service, such as electricity, heat, or running water, and the tenant has given the landlord notice of the required essential service, the tenant has several options available.

The tenant can arrange for the essential service and then deduct the cost from the rent.
If the landlord has not supplied the essential service within two days of the tenant’s notice to the landlord, the tenant can arrange for substitute housing until the service is supplied.
If the landlord is purposefully not supplying the essential service, the tenant can terminate the lease and sue the landlord for up to two months’ rent.

See Conn. Gen. Stat. Ann. § 47a-13.

For all other types of necessary maintenance and repair, the tenant is required to give the landlord a written notice that specifies the type of repair or maintenance needed. The landlord will then have fifteen days to make the repair. If the landlord does not make the repair within fifteen days, the tenant can terminate the rental agreement. Then the tenant can move out of the rental unit and is not required to continue paying rent to the landlord.

If the landlord makes the repair within the fifteen days but then fails to make the same type of repair or maintenance within six months, the tenant can provide the landlord with a fourteen-day notice that states the lease will terminate at the end of fourteen days, regardless of whether the landlord makes the repair (see Conn. Gen. Stat. Ann. § 47a-12).

If a landlord tries to evict a tenant for failing to pay rent after the tenant has proceeded under one of these options, the tenant can defend against the eviction by proving the landlord did not make necessary repairs as required by law.

For more information on this topic, see the Nolo article Connecticut Tenant Rights to Withhold Rent or “Repair and Deduct.”

Landlord Evicts Tenant for Violating the Lease Agreement

If a tenant has violated the lease, the landlord is required to give the tenant a fifteen-day notice stating the specific lease violation. If the tenant corrects the violation within the fifteen-day period, the landlord must not proceed with the eviction. If the landlord tries to evict the tenant anyway, the tenant can use proof that the violation was corrected as a defense to the eviction.

Keep in mind that if this is the second notice for the same violation within six months, the landlord is not required to give the tenant any time to fix the violation and can proceed directly with the eviction (see Conn. Gen. Stat. Ann. § 47a-15).

Landlord Discriminates against the Tenant

The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. In addition, Connecticut has also made it illegal for a landlord to discriminate against a tenant based on marital status, age, sexual orientation, legal source of income, and gender identity or expression (see the Connecticut Fair Housing Center for more information). If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Additional Resources for Tenants in Connecticut

Connecticut Legal Services can provide free or low-cost legal assistance to those who qualify based on income. Connecticut Legal Services also provides an online self-help center with information related to housing topics. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Finding Your Local Courthouse

Eviction lawsuits are filed in either the superior court or housing court of the judicial district in which the rental property is located. To find your court, visit the online directory maintained by the Connecticut Judicial Branch. The Connecticut Judicial Branch also provides an online self-help center with housing and eviction information.

When to Hire an Experienced Lawyer

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Lawyer.

Also check out Nolo’s Lawyer Directory for Connecticut lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

In Indiana, a landlord can evict a tenant for failing to pay rent, and the landlord can sue a tenant for violating the lease or rental agreement, leading to eviction in some cases.

This article will discuss the reasons a tenant may be evicted or sued and some of the defenses a tenant may have against the lawsuit.

Grounds for a Lawsuit against a Tenant in Indiana

Landlord-tenant relations are governed by the Indiana Code. This e sets forth all the rules and obligations landlords and tenants have toward each other and the remedies landlords and tenants have when those rules and obligations are broken. The only way a landlord can legally evict a tenant is by filing an eviction lawsuit with the court and receiving a court order from a judge allowing the eviction to occur. The Indiana Code allows a landlord to begin eviction proceedings against a tenant who fails to pay rent when it is due.

The Indiana Code also allows a landlord to sue a tenant who violates the lease or rental agreement. If the landlord wins, the landlord could receive a variety of remedies, including damages or a court order for eviction, if the judge felt eviction was necessary.

Failure to Pay Rent

The most common reason a tenant may be evicted is for failing to pay rent when it is due. Before filing the eviction lawsuit with the court, the landlord is required to give the tenant a ten-day notice. The notice must state that the tenant has ten days to pay all rent due and owing to the landlord or the landlord will terminate the lease. If the tenant does not pay rent during the ten-day notice period, the landlord can then file an eviction lawsuit with the court (see Ind. Code Ann. § 32-31-1-6).

Lease Violations

A tenant is required by law to obey the provisions of a lease or rental agreement (see Ind. Code Ann. § 32-31-7-5). If a tenant violates the lease, the landlord is required to give the tenant written notice of the lease violation and a reasonable amount of time to correct the violation. If the tenant does not fix the violation within a reasonable amount of time, then the landlord can sue the tenant. Depending on the circumstances, the landlord could receive damages from the tenant, meaning the tenant would have to pay the landlord money. The landlord could also receive a court order requiring the tenant to perform certain actions, or stop performing certain actions. For example, if the tenant has been throwing loud parties during designated quiet hours, the landlord could receive a court order requiring the tenant to obey the designated quiet hours. The landlord could also receive a court order allowing the landlord to proceed with an eviction (see Ind. Code Ann. § 32-31-7-7).

Starting a Lawsuit in Indiana

Lawsuits against a tenant, either eviction or otherwise, are heard in trial court. To start the lawsuit, the landlord must file a complaint and summons with the trial court of the county in which the rental property is located. The court will set a hearing date and then the tenant will receive a copy of the complaint and summons, along with the date and time for a hearing before a judge. If the tenant wishes to challenge the lawsuit, the tenant must appear at the hearing and tell the judge any defenses the tenant may have. At the hearing, the judge will listen to both the tenant and the landlord and will come to a final decision regarding either the eviction or other damages, as appropriate.

Tenant Defenses in Indiana

A tenant who is being sued for failing to pay rent or for violating the lease may have at least one defense available.

Landlord Evicts Tenant with a "Self-Help" Eviction

The only way a landlord can legally evict a tenant in Indiana is by receiving a court order from a judge allowing the eviction to occur. It is illegal for a landlord to attempt to force a tenant out of the rental unit through any other means, such as changing the locks at the rental unit or shutting off the utilities. This type of action is often referred to as a “self-help” eviction, and a tenant can sue the landlord for damages if the landlord tries to evict the tenant with “self-help” actions (see Ind. Code Ann. § 32-31-5-6). For more information on this topic, see the Nolo articleIllegal Eviction Procedures in Indiana.

Landlord Does Not Follow Proper Eviction Procedures

It is very important that a landlord follows all the procedures set forth in the Indiana Code when attempting to evict a tenant for failing to pay rent. If the landlord does not follow every procedure, the eviction may not be valid. For example, the landlord is required to give the tenant a ten-day notice before filing the eviction lawsuit. If the landlord files the eviction lawsuit without giving the tenant notice, the tenant can use lack of notice as a defense to the eviction. The judge would likely stop the eviction and require the landlord to give the tenant a proper ten-day notice before proceeding. The landlord would need to wait the entire ten days, and then if the tenant still has not paid rent, the landlord would have to file a new eviction lawsuit with the court. The eviction would then proceed as normal.

Keep in mind that this type of defense will not stop a justified eviction; it will simply delay it. Once the landlord has fixed the improper procedures, the eviction will proceed as normal.

Landlord Evicts Tenant After Tenant Pays Rent in Full

A landlord is required to give a tenant ten days to pay rent in full before filing an eviction lawsuit. If the tenant pays the rent during those ten days, the landlord should not proceed with the eviction (see Ind. Code Ann. § 32-31-1-6). The tenant should ask for a time-stamped receipt if paying rent because of a ten-day notice. This way, if the landlord files the eviction lawsuit anyway, the tenant can use the receipt as proof that rent was paid during the appropriate time period.

Landlord Sues Tenant for Violating Lease Agreement

Before a landlord can sue a tenant, and possibly evict a tenant, for violating the lease, the landlord is required to give the tenant notice of the violation and a reasonable time to fix the violation. Indiana Code does not specify how long a landlord must wait before filing a lawsuit against the tenant, but the landlord does need to give the tenant some time to correct the violation. The tenant should make best efforts to fix the violation as soon as possible. If the tenant corrects the violation before the landlord files a lawsuit against the tenant, the landlord should not continue with a lawsuit again the tenant (see Ind. Code Ann. § 32-31-7-7). If the landlord continues with the lawsuit anyway, the tenant can defend against the lawsuit by showing that the tenant corrected the violation before the lawsuit was filed.

Landlord Evicts the Tenant Based on Discrimination

The federal Fair Housing Act makes it illegal for a landlord to discriminate against a tenant based on race, religion, gender, national origin, familial status (including children under the age of 18 and pregnant women), and disability. Indiana has also made it illegal for a landlord to discriminate against a tenant based on gender identity. In addition, Marion County and the city of Indianapolis also protect against discrimination based on age, sexual orientation, military service, and veteran status (see the Fair Housing Center of Central Indiana for more information). If a landlord tries to evict a tenant based on any of these characteristics, the tenant can use the discrimination as a defense to the eviction. See the Nolo article Housing Discrimination Prohibited by State and Local Law for more on laws prohibiting discrimination against tenants.

Additional Resources for Tenants in Indiana

Legal aid organizations, such as Indiana Legal Services, can provide low-cost or free legal assistance to those who qualify based on age or income. Indiana Legal Services also provides online access for people who have questions regarding landlord-tenant relations. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Finding Your Local Courthouse

Lawsuits, including eviction lawsuits, are filed with the trial court of the county in which the rental property is located. To find your local trial court, visit the online directory maintained by the Indiana Court System.

When to Hire an Experienced Lawyer

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Lawyer.

Also check out Nolo’s Lawyer Directory for Indiana lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more articles on the subject, see the Evictions and Terminations section of Nolo.com.

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

A landlord can evict a tenant in Iowa for a variety of reasons, the most common of which are failing to pay rent or violating the lease or rental agreement. The tenant may have at least one defense available with which to challenge the eviction.

This article will examine the most common grounds for eviction in Iowa, along with their corresponding defenses.

Grounds for Eviction in Iowa

Iowa has adopted the Uniform Residential Landlord and Tenant Act to govern the relationship between a landlord and a tenant. The act sets forth all the rules and regulations landlords and tenants must following when renting property, including when and how a landlord can evict a tenant. The two most common reasons for eviction are tenant failure to pay rent and violation of the lease. Before starting an eviction lawsuit with the court, the landlord must give the tenant notice. The notice requirements are different depending on whether the landlord is trying to evict the tenant for not paying rent or for violating the lease.

Notice Requirements for Nonpayment of Rent

The most common reason a landlord might try to evict a tenant is if the tenant fails to pay rent. As soon as rent is late but before filing the eviction lawsuit with the court, the landlord must give the tenant a three-day notice. The notice must state that the tenant has three days to either pay rent or the lease will terminate. If the tenant does not pay rent within the three-day time period, the landlord can terminate the lease and begin eviction proceedings against the tenant (see Iowa Code Ann. § 562A.27(2)).

Notice Requirements for Lease Violations

A landlord can also evict a tenant for violating the lease or rental agreement. As soon as the landlord finds out about a lease violation, the landlord can give the tenant a seven-day notice. This notice must state that the tenant has seven days to correct the violation or the lease will terminate. If the tenant does not correct the violation within seven days, the landlord can terminate the lease and begin eviction proceedings against the tenant.

If the tenant does correct the violation but then commits the same violation within six months, the landlord can give the tenant a seven-day notice that just states the lease will terminate at the end of seven days. The landlord can then begin eviction proceedings against the tenant, even if the tenant has corrected the violation (see Iowa Code Ann. § 562A.27(1)).

Eviction Process

After the appropriate time frame has ended and the tenant has not complied with the notice, the landlord can file a petition with the district court to begin an eviction lawsuit, also called a forcible entry and detainer suit. The clerk of the court will set a hearing and send notice to both the landlord and the tenant regarding the date and time for the hearing. If the tenant wishes to challenge the eviction, the tenant must attend the hearing. At the hearing, the judge will listen to both the landlord and the tenant and will come to a final decision regarding the eviction (see Iowa Code Ann. § 648.5).

Eviction Defenses in Iowa

There are several defenses a tenant could use against an eviction for failing to pay rent or violating the lease.

Landlord Evicts Tenant with "Self-Help" Actions

The only way a landlord can evict a tenant is by going to court and getting a court order allowing the eviction to occur. Iowa has specifically made it illegal for a landlord to attempt to force a tenant out of a rental property through any other means, such as changing the locks or shutting off the utilities to the property. This type of eviction is often called a “self-help” eviction or an unlawful ouster. If a landlord tries to evict a tenant with a “self-help” eviction, the tenant can sue the landlord for damages and repossession of the rental property (see Iowa Code Ann. § 562A.26). For more information on the topic, see the article Illegal Eviction Procedures in Iowa, published by Nolo.

Landlord Improperly Evicts Tenant

A landlord must carefully follow all the rules set forth in the Uniform Residential Landlord and Tenant Act when attempting to evict a tenant. If the landlord does not follow proper procedures, the eviction could be invalid. For example, the landlord is required to give the tenant a three-day notice before filing an eviction lawsuit for failure to pay rent. If the landlord does not give the tenant any notice and just goes straight to court, the tenant can use lack of notice as a defense to the lawsuit. The eviction lawsuit would likely be dismissed, and the landlord would be required to give the tenant a proper three-day notice. If the tenant still does not pay rent, the landlord can then file a new eviction lawsuit with the court. The eviction would then proceed as normal.

Keep in mind that this type of eviction will not stop a justified eviction completely. It will simply delay it. Once the landlord fixes the deficient procedures, the eviction will proceed.

Landlord Evicts Tenant for Not Paying Rent

A tenant who is being evicted for not paying rent may have a defense to the eviction.

Tenant Paid Rent in Full

A landlord is required to give the tenant a three-day notice before filing an eviction lawsuit with the court. The tenant will then have three days to pay the rent in full, or the lease will terminate. If the tenant pays the rent in full during those three days, the landlord must not file the eviction lawsuit (see Iowa Code Ann. § 562A.27(2)).

If paying rent because of a three-day notice, the tenant should ask the landlord for a time-stamped receipt. Then, if the landlord files the lawsuit anyway, the tenant can use the receipt as proof that the rent was paid during the appropriate time frame.

Landlord Did Not Maintain the Rental Unit

A landlord with rental property in Iowa is required to maintain the rental property according to minimum standards set forth by the law. According to the Uniform Residential Landlord and Tenant Act, the landlord is required, at a minimum, to:

comply with all building and housing codes affecting health and safety
keep the rental unit fit and habitable
keep all common areas clean and safe
maintain in good working order all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and any other appliances the landlord has agreed to supply to the rental unit, including elevators
provide trash bins and arrange for their removal
supply running water, including hot water, and
supply heat.

See Iowa Code Ann. § 562A.15.

If the tenant finds that the rental unit needs repair or maintenance in one of these areas, the tenant must first notify the landlord in writing of the repair or maintenance needed. The tenant must give the landlord at least seven days to make the repair. If the landlord does not make the repair or maintenance within seven days, the tenant can terminate the lease and move out of the rental property (see Iowa Code Ann. § 562A.21).

If the landlord fails to supply the tenant with running water, heat, or another essential service, then the tenant has a few options available:

The tenant can arrange for the essential service to be provided to the rental unit and then deduct the cost from the rent.
The tenant can sue the landlord for damages based on the diminished value of the rental unit.
The tenant can get a refund of rent already paid to the landlord during the time of the landlord’s failure to provide the essential service. The rent would be paid back to the tenant on a pro rata basis.

Keep in mind that the tenant can only pursue one of these options per instance of the landlord’s failure to maintain the rental unit (see Iowa Code Ann. § 562A.23).

If the landlord attempts to evict the tenant after the tenant fails to pay rent or pays reduced rent, the tenant can defend against the eviction by showing that the landlord failed to maintain the rental unit according to the law. The court may require the tenant to pay rent to the court during the proceedings. Then, the court will determine who should receive the rent at the end of the lawsuit (see Iowa Code Ann. § 562A.24).

For more information on this topic, see the Nolo article Iowa Tenant Rights to Withhold Rent or “Repair and Deduct.”

Landlord Evicts Tenant for Lease Violations

Before evicting a tenant for a lease violation, the landlord is required to give the tenant seven days to correct the violation or pay for any damages caused by the violation. If the tenant corrects the violation within seven days, the landlord must not file the eviction lawsuit with the court. If the landlord files the eviction lawsuit anyway, the tenant can use proof that the violation was corrected or paid for as a defense against the eviction.

Remember that if this is the second notice for the same violation within a six-month period, the landlord is not required to give the tenant any time to fix the violation. At the end of the seven-day notice period, the landlord can go ahead and file the eviction lawsuit, even if the tenant corrects the violation (see Iowa Code Ann. § 562A.27(1)).

Landlord Discriminates against Tenant

Additional Resources for Tenants in Iowa

Legal aid organizations, such as Iowa Legal Aid, can provide legal assistance to those who qualify based on income. In addition, Iowa Legal Aid provides online information for housing topics, available to all. Tenants who live in federally assisted housing should also check out the tenant resource page at HUD.gov.

Finding Your Local Courthouse

Eviction lawsuits are filed with the district court of the county in which the rental property is located. To locate your district court, visit the online directory maintained by the Iowa Judicial Branch.

Some counties, such as Linn County and Scott County, provide information for how evictions work specifically in their counties.

When to Hire an Experienced Lawyer

For advice on finding a good lawyer, see the Nolo article How to Find an Excellent Lawyer.

Also check out Nolo’s Lawyer Directory for Iowa lawyers who specialize in landlord-tenant law.

More Information on Evictions and Terminations

For more information on tenant rights, see Every Tenant’s Legal Guide, by Janet Portman and Marcia Stewart (Nolo).

The most common reason a tenant is evicted is for failing to pay rent. In New Jersey, a landlord can take steps toward eviction as soon as a tenant fails to pay rent on time.

Due Dates for Rent Payments in New Jersey

Unless otherwise stated in the lease, rent is typically due on the first day of every month, even if the first is a weekend or holiday. A landlord is not required to give a tenant a grace period, and if the tenant fails to pay rent the day it is due, the landlord can begin the eviction process the very next day.

It is important to note that the landlord and the tenant can agree to different terms, but those terms must be in writing in the lease. The landlord could agree that if the first of the month falls on a weekend or holiday, then rent is due the following business day. The landlord could also agree to give the tenant a grace period before charging a late fee or beginning the eviction process. Whatever the agreement, the landlord and the tenant are both required to follow the terms of the lease.

Landlord Options if Tenant Fails to Pay Rent

In most cases, as soon as the tenant fails to pay rent when it is due, the landlord can immediately file an eviction lawsuit with the court. The landlord is not required to give the tenant any type of notice before filing the lawsuit (see New Jersey Stat. Ann. § 2:18-61.2).

However, if the tenant habitually pays rent late and the landlord has accepted the late payments, the landlord is then required to give the tenant a 30-day notice to cease before filing for eviction. The notice must state that if the tenant pays rent late again, the landlord will begin eviction proceedings against the tenant (see New Jersey Stat. Ann. § 2:18-61.2(b)).

If the landlord is required to use a notice to cease, the notice must be written and should include the following information:

date the notice was served on the tenant(s)
name(s) and address of tenant(s)
the reason for the notice (that the tenant has habitually paid rent late)
a statement that if the tenant pays rent late again, the landlord will begin eviction proceedings against the tenant, and
a certificate of service specifying how the notice was given to the tenant.

If possible, the landlord, or the landlord’s agent, must give the notice to cease to the tenant or to a member of the tenant’s family who is over the age of 14. If the tenant or another family member over the age of 14 cannot be found, then the landlord can post the notice on the front door of the rental unit or in another conspicuous place (see New Jersey Stat. Ann. § 2A:18-54).

If the tenant pays rent late again after receiving the notice to cease, then the landlord can immediately begin eviction proceedings against the tenant.

Going to Court

A landlord must receive judgment from the court in order to evict a tenant. The landlord must file a complaint with the Office of the Special Civil Part Clerk of the county where the rental unit is located. A hearing will be assigned, and the tenant will receive a copy of the filed paperwork. At the hearing, the judge will listen to both the landlord and the tenant and decide whether the eviction should occur. If the judge agrees the eviction should occur, the judge will grant the landlord a judgment for possession. This judgment for possession will give a court officer the authority to remove the tenant and the tenant’s belongings from the rental unit.

A sample complaint can be found at the New Jersey court’s self-help center.

Illegal Evictions

It is illegal for a landlord to attempt to remove a tenant from a rental unit through any other way, such as changing the locks at the rental unit or shutting off the utilities. This type of eviction is often referred to as a “self-help” eviction, and it is illegal under New Jersey law (see New Jersey Stat. Ann. § 2A:39-1). For more information on the subject, see the Nolo article Illegal Eviction Procedures in New Jersey.

Additional Resources for Landlord-Tenant Relations in New Jersey

For more information on evicting a tenant in New Jersey, see the Grounds for an Eviction Bulletin, published by the New Jersey Department of Community Affairs. The brochure Information for Landlords, published by the New Jersey Courts, also has useful information about going to court and what to except at the hearing. The self-help center at the New Jersey court website also has a helpful FAQ for landlords and tenants.

Nolo also has other articles on landlord-tenant relations in New Jersey, including tenant defenses to evictions in New Jersey. The New Jersey charts in the State Landlord-Tenant Laws section of the Nolo website also have useful information. For more eviction articles, see Nolo’s section on Evicting a Tenant or Ending a Lease.