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How to Respond to Eviction Lawsuits Effectively, Including Filing an "Answer" to an Unlawful Detainer

By FightLandlords
How to Respond to Eviction Lawsuits Effectively, Including Filing an "Answer" to an Unlawful Detainer

When you're served with eviction papers in New York, the single most critical action determining whether you stay or go is filing a proper Answer within the court's strict deadline. Most tenants who lose their homes don't lose because landlords have valid grounds—they lose by default because they never filed an Answer or filed it late.

Understanding exactly how to respond, what defenses to raise, and how to navigate Housing Court procedures is what separates tenants who successfully defend evictions from those who get displaced despite having strong legal protections.

Why Your Answer Is Everything

The harsh reality of Housing Court:

What an Answer does:

What happens without an Answer:

The window is shockingly short: Typically 10 days in NYC nonpayment cases. Count wrong, file late, lose your home.

Understanding New York's Summary Proceeding

Before diving into how to answer, understand what you're facing.

What "Summary Proceeding" Means

New York doesn't use "unlawful detainer":

Why it's "summary":

The two types:

Nonpayment proceeding (RPAPL § 711(2)):

Holdover proceeding (RPAPL § 711(1)):

The Court Papers You Received

What you were served with:

Notice of Petition:

Petition:

These documents together constitute the lawsuit against you.

Service Requirements and Your Answer Deadline

How you may have been served:

Personal service:

Substituted service:

Conspicuous place service:

Why service method matters:

Calculating your deadline:

General rule (NYC nonpayment):

Holdover cases:

Example calculation:

If you miscalculate: Even one day late can result in default. When in doubt, file immediately.

Step 1: Act Immediately Upon Receiving Papers

The moment you're served, the clock starts. Your first 24-48 hours determine everything.

Read Everything Carefully

Within first hour of receiving papers:

Note critical information:

Read the Petition word by word:

Look for errors and defects:

Every defect is a potential defense.

Gather All Supporting Documents

Within first 24-48 hours, collect:

Proof of tenancy:

Proof of rent payment:

Communications with landlord:

Apartment condition evidence:

Official records:

Other relevant evidence:

Why gather everything now:

Make Copies of Everything

Create organized file:

Keep originals safe:

Step 2: Understand Your Answer Deadline and Where to File

Missing this deadline destroys your case before it starts.

NYC Nonpayment Cases

Standard deadline:

Where to file:

Bronx Housing Court:

Brooklyn Housing Court:

Manhattan Housing Court:

Queens Housing Court:

Staten Island Housing Court:

Hours:

Holdover Cases

Deadline varies:

Why holdover deadline different:

Calculate carefully: If Notice says "answer must be served at least 3 days before hearing" and hearing is May 15:

Upstate and Other NY Counties

Deadlines may vary:

County court locations:

Step 3: Decide Between Oral and Written Answer

New York uniquely allows oral Answers in some situations, but written is almost always better.

Oral Answer Option

How it works:

Advantages:

Disadvantages:

When to use oral Answer:

Critical if using oral Answer:

Written Answer (Strongly Recommended)

Why written Answer is better:

More complete:

More precise:

Better record:

Required for holdover:

Using Court Forms vs. Custom Answer

Standard court forms available:

CIV-LT-91a (Answer in Writing):

Advantages of court form:

Limitations of court form:

Custom drafted Answer:

When to use custom Answer:

You can use court form AND attach pages:

Step 4: Draft Your Answer - What to Include

Your Answer must include specific components to be legally sufficient.

Caption and Case Information

At top of first page:

NEW YORK CITY HOUSING COURT

COUNTY OF [BRONX/KINGS/NEW YORK/QUEENS/RICHMOND]

 

[LANDLORD NAME],

                        Petitioner,

                                                    Index No. [DOCKET NUMBER]

        -against-

 

[YOUR NAME],

                        Respondent.

_______________________________________/

 

                        ANSWER

Fill in:

General Denial

Start with broad denial:

"Respondent denies each and every allegation in the Petition except as specifically admitted below."

Then admit only what you must:

"Respondent admits the following:

  1. Respondent resides at [address].
  2. Petitioner is the owner/landlord of the building.
  3. [Any other clearly true facts]"

Why deny everything else:

Don't admit anything you're not 100% certain is true:

Affirmative Defenses

What affirmative defenses are:

List each defense separately and numbered:

Common affirmative defenses in nonpayment cases:

1. Payment: "Respondent has paid all rent owed. Petitioner's claim of nonpayment is false."

2. Wrong amount: "The amount claimed by Petitioner is incorrect. Respondent owes at most [lower amount]."

3. Breach of warranty of habitability: "The apartment has substantial defects that violate the warranty of habitability, including [list: no heat, leaks, mold, pests, etc.]. These conditions reduce the reasonable rental value. Respondent is entitled to rent abatement."

4. Improper rent demand: "Petitioner failed to serve a proper 14-day rent demand as required by RPAPL § 711, or the demand was defective because [wrong amount stated, insufficient time, improper service]."

5. Retaliatory eviction: "This proceeding is retaliatory in violation of RPL § 223-b. Respondent [made repair complaints, called 311, joined tenant association, etc.] on [dates]. Within one year, Petitioner commenced this proceeding. Petitioner's actions are presumptively retaliatory."

6. Improper rent increase: "Petitioner failed to provide required written notice of rent increase as mandated by Housing Stability and Tenant Protection Act. The increase is void and Respondent does not owe the increased amount."

7. Good Cause violation (if applicable): "The rent increase exceeds the cap under Good Cause Eviction Law. The increase is unreasonable and unconscionable. Nonpayment resulting from excessive increase is not valid grounds for eviction."

8. Discrimination: "This proceeding is discriminatory in violation of Fair Housing Act, NY Human Rights Law, and NYC Human Rights Law based on [protected characteristic]. Respondent has filed complaint with [agency]."

9. Improper notice/service: "Petitioner failed to properly serve the Notice of Petition and Petition. Service was defective because [specify defect]. This court lacks personal jurisdiction."

10. Rent stabilization violations: "The apartment is rent-stabilized. Petitioner failed to provide proper lease renewal, failed to register apartment, or overcharged rent. These violations bar this proceeding."

Common affirmative defenses in holdover cases:

1. No valid grounds: "Petitioner lacks good cause to terminate tenancy as required by Good Cause Eviction Law. None of the enumerated grounds exist."

2. Improper termination notice: "Petitioner failed to serve proper termination notice. The notice [was not served with required advance time, failed to state specific grounds, was vague and conclusory, etc.]."

3. No lease violation occurred: "Respondent did not commit the alleged lease violation. Petitioner's allegations are false."

4. Violation was cured: "Petitioner served notice to cure. Respondent cured the alleged violation within the time provided. No grounds for eviction exist."

5. Selective enforcement: "Petitioner is selectively enforcing lease provisions against Respondent while allowing other tenants to engage in same conduct. This constitutes discrimination and bad faith."

6. Retaliation: "Same as nonpayment - assert retaliatory motive for termination."

7. Discrimination: "Same as nonpayment."

8. Owner occupancy pretextual: "Petitioner's claim that owner/family needs apartment for primary residence is pretextual and made in bad faith. [Petitioner has other vacant units, family member has no intent to actually occupy, this is cover for wanting higher rent, etc.]"

9. Senior/disability protection: "Respondent is [over 65 years old / has disability]. Owner occupancy ground cannot be used against Respondent under Good Cause Law."

10. Primary residence: "Respondent uses apartment as primary residence. Petitioner's claim of non-primary residence is false."

Format for listing defenses:

AFFIRMATIVE DEFENSES

 

FIRST DEFENSE - Payment

Respondent has paid all rent due and owing. [Provide details]

 

SECOND DEFENSE - Breach of Warranty of Habitability  

The apartment contains substantial violations of the Housing Maintenance Code including [list specific conditions]. These conditions materially reduce the value of the apartment and entitle Respondent to rent abatement.

 

THIRD DEFENSE - Retaliation

[Detailed allegations with dates and facts]

 

[Continue for all applicable defenses]

Counterclaims

What counterclaims are:

Common counterclaims:

Harassment: "Petitioner has harassed Respondent through [specific acts]. Respondent seeks damages."

Rent overcharge: "Petitioner has overcharged rent in violation of rent stabilization laws. Respondent seeks refund of overcharges plus treble damages and attorney fees."

Security deposit violations: "Petitioner failed to return security deposit or provide itemized statement within 14 days as required by GOL § 7-108. Respondent seeks return of deposit plus double damages."

Breach of warranty of habitability: "Can be both defense AND counterclaim. As counterclaim, seek rent abatement for past months."

Illegal fees: "Petitioner charged illegal fees [broker fee paid by tenant, application fee above legal limit, etc.]. Respondent seeks refund."

Unlawful eviction attempt: "Petitioner attempted illegal lockout on [date]. Respondent seeks triple damages under RPAPL § 768."

Format for counterclaims:

COUNTERCLAIMS

 

FIRST COUNTERCLAIM - Rent Overcharge

1. [Reallege and incorporate prior paragraphs]

2. The apartment is rent-stabilized.

3. Petitioner charged rent exceeding legal regulated rent.

4. Overcharge was willful.

5. Respondent is entitled to refund of overcharges, treble damages, interest, and attorney fees.

 

SECOND COUNTERCLAIM - Harassment

[Continue with numbered paragraphs]

Prayer for Relief

What you're asking court to do:

WHEREFORE, Respondent respectfully requests that this Court:

 

1. Dismiss the Petition with prejudice;

2. Award Respondent rent abatement for breach of warranty of habitability;

3. Order Petitioner to make all necessary repairs;

4. Award Respondent damages on counterclaims;

5. Award Respondent attorney fees and costs;

6. Grant such other and further relief as this Court deems just and proper.

Verification

Must be notarized:

VERIFICATION

 

STATE OF NEW YORK    )

                     ) ss.:

COUNTY OF [COUNTY]  )

 

[YOUR NAME], being duly sworn, deposes and says:

 

I am the Respondent in the above-captioned proceeding. I have read the foregoing Answer and know the contents thereof. The statements contained herein are true to my own knowledge, except as to matters therein stated to be alleged on information and belief, and as to those matters, I believe them to be true.

 

                                    ___________________________

                                    [YOUR SIGNATURE]

                                     [YOUR NAME]

 

Sworn to before me this

___ day of ________, 20__

 

___________________________

Notary Public

Getting notarized:

Step 5: Serve Your Answer on Landlord

Written Answers must be properly served before filing with court.

Who Must Serve

Cannot be you:

Why you can't serve:

How to Serve

Service methods:

Personal service (best):

Service by mail:

Email/fax (if attorney accepts):

Address for service:

Affidavit of Service

Person who served must complete:

AFFIDAVIT OF SERVICE

 

STATE OF NEW YORK   )

                    ) ss.:

COUNTY OF [COUNTY]  )

 

[SERVER NAME], being duly sworn, deposes and says:

 

1. I am over 18 years of age and not a party to this proceeding.

 

2. On [DATE], I served a copy of the attached Answer upon [LANDLORD'S ATTORNEY NAME / LANDLORD NAME] by [method of service: personal delivery / mailing to the following address: _______________].

 

3. I served the Answer by [describe exactly what happened: "handing it to [name] at [address]" or "depositing in US mail, certified mail, return receipt requested, at [address]"].

 

                                    ___________________________

                                     [SERVER SIGNATURE]

                                     [SERVER NAME]

 

Sworn to before me this

___ day of ________, 20__

 

___________________________

Notary Public

Must be notarized just like Answer.

Timeline for Service

Serve before filing:

How much time to allow:

Don't cut it close:

Step 6: File Your Answer with Court

Final step to preserve your rights.

What to Bring to Court

Required documents:

Filing fee:

Where to File

Go to Landlord-Tenant Clerk's office:

Filing Process

Steps:

  1. Go to clerk's window
  2. Say "I need to file an Answer in [index number] case"
  3. Give clerk original Answer and original Affidavit of Service
  4. Clerk will review for completeness
  5. Clerk will stamp and file
  6. Clerk will give you back filed copy
  7. Clerk may give you court date (if not already scheduled)

What clerk checks:

If clerk finds problem:

Keep Everything

After filing:

Organize for court:

Step 7: Prepare for First Court Appearance

Filing Answer is just the beginning. Now prepare for court.

What Happens at First Appearance

Typical flow:

Check-in:

Resolution Part / Settlement Conference:

Before judge (if no settlement):

Possible outcomes:

Bring All Documents and Evidence

Essential to bring:

Organize in folders:

Request Right to Counsel

NYC Right to Counsel:

How to request:

Why this matters:

Understanding Stipulations

What stipulation is:

Common terms:

NEVER sign stipulation you don't understand:

Bad stipulation terms to avoid:

Good stipulation terms:

What Not to Do at First Appearance

Don't:

Do:

Step 8: If You Missed the Deadline - Vacating Defaults

If you missed Answer deadline or court date, act immediately.

Understanding Default Judgments

What happens when you default:

Common reasons for default:

Good news: Defaults can often be vacated (undone) if you act fast.

Vacating the Default

File Order to Show Cause immediately:

What Order to Show Cause is:

Where to file:

What you must show:

1. Reasonable excuse: Why you didn't answer or appear:

2. Meritorious defense: That you have valid defenses to eviction:

What to Include in Order to Show Cause

Required papers:

Order to Show Cause (proposed order for judge to sign):

Upon reading and filing the attached Affidavit of [Your Name] and proposed Answer, and upon all proceedings had herein:

 

LET the Petitioner show cause before this Court at [address] on [date judge fills in] at [time judge fills in] why an Order should not be entered:

 

1. Vacating the default judgment entered on [date];

2. Staying execution of the warrant of eviction;

3. Restoring Respondent to the position prior to default;

4. Granting such other relief as this Court deems just and proper.

 

ORDERED that pending the hearing on this Order to Show Cause, execution of the warrant of eviction is hereby STAYED.

Affidavit explaining:

I, [Name], state under oath:

 

1. I am the Respondent in this case.

 

2. A default judgment was entered against me on [date].

 

3. I did not answer or appear because [reasonable excuse].

 

4. I have meritorious defenses to this proceeding, specifically:

   [List all your defenses]

 

5. If my default is vacated, I will immediately appear and defend this case.

 

6. I request this Court vacate the default and allow me to defend.

Proposed Answer:

Supporting documentation:

Service and Filing

Must serve Order to Show Cause:

Court will set hearing:

At the Hearing

Bring everything:

Possible outcomes:

Default vacated:

Default stands:

Partial relief:

After Default Vacated

File Answer immediately:

Appear at all future dates:

Special Considerations for Different Case Types

Nonpayment Cases

Focus on amount owed:

Use and occupancy:

Paying to cure:

Holdover Cases

Focus on landlord's grounds:

No cure by payment:

Rent-Stabilized Tenants

Additional protections:

Additional defenses:

Resources:

Good Cause Coverage

If in covered area and non-exempt unit:

Assert Good Cause in Answer: "Respondent is covered by Good Cause Eviction Law. Petitioner has failed to state valid grounds under RPL Article 6-A. Petition must be dismissed."

Getting Legal Help

Don't navigate this alone.

Free Legal Services

NYC Right to Counsel:

Legal Aid Society:

Legal Services NYC:

Housing Court Answers:

Statewide Resources

LawHelpNY.org:

New York State Bar Association:

What Attorney Does

Immediate help:

Ongoing representation:

Why attorney crucial: Studies show 77% of represented tenants remain housed vs. 23% of unrepresented tenants.

Your Answer Determines Your Outcome

Filing a proper, timely, comprehensive Answer is the single most important action you can take when facing eviction. It's the difference between having your day in court and losing by default. Between asserting strong defenses and waiving them forever. Between staying in your home and being displaced.

The system is designed to move fast—often faster than tenants can understand what's happening. Landlords and their attorneys know the procedures intimately. They count on tenant confusion, fear, and inaction.

But you now know exactly what to do: Calculate your deadline precisely. Gather every supporting document. List every applicable defense. File and serve your Answer properly. Appear at every court date. Get legal help.

Your landlord may have grounds to evict you, or they may not. But they only win if you let them win by default. Make them prove their case. Assert every defense. Fight for your home.

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