defense for eviction

Here is how the arguments goes in the court, usually. I don't know your state so I am speaking generally.

1. Landlord's allegation
(a) Tenant failed to make rent payment on time, violating the lease agreement.
(b) I satisfied all eviction notice requirement by the state's law.
(c) therefore, I am here to ask for eviction of this Tenant.

2. Tenant's defense
(a) I acknowledge my failure to pay rent.
(b) however, my defense is:
(b.1) the premise has defects, such as....
(b.2) the landlord failed to make repair
(b.3) the premise becomes inhabitable due to landlord's failure to repair.
(c) therefore, I can withhold rent because the Landlord violated the implied warranty of habitability of my lease.

Your response to the Tenant's defense would be.
(1) I was not informed of these defects BEFORE the tenant stopped paying rent.
(2) Tenant violated the lease agreement before the alleged violation by the Landlord.
(3) The Landlord ask for continuation of the eviction suit because the repair has nothing to do with failure to pay rent by the Tenant.
(3.1) alternatively, Landlord and Tenant will agree upon a list of repairs to be done, once the agreed upon repair is done (say two weeks), and if Tenant still does not pay rent, we are back to court.

Outcome (3) is preferred, but if the Judge shut you down, you can ask for 3.1. Make sure to agree on a list of repairs as a condition, otherwise they'll keep adding stuff to the list and drag the process along.

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• 這個寫的太好了 -慧惠- ♀ (563 bytes) () 07/01/2015 postreply 10:42:57