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What Defenses Can Tenants Raise in Court Against Unlawful Detainer Lawsuits?

By FightLandlords
What Defenses Can Tenants Raise in Court Against Unlawful Detainer Lawsuits?

When your landlord files an eviction case against you in New York, they're not guaranteed to win just because they filed papers. The law provides numerous defenses that can result in your case being dismissed, delayed, or resolved in your favor—but only if you know they exist and properly assert them.

Understanding which defenses apply to your specific situation is what separates tenants who lose by default from those who successfully fight evictions and remain in their homes.

How Eviction Defenses Work in New York

New York doesn't use the term "unlawful detainer"—eviction cases are called "summary proceedings" or "holdover/nonpayment proceedings." But the concept is the same: your landlord is trying to remove you, and you have legal defenses to stop them.

Two categories of defenses:

Affirmative defenses:

Denials:

Why asserting defenses matters:

The Answer is critical: Your written response to the eviction petition must list every defense that applies. Missing the deadline to file Answer or filing incomplete Answer loses cases that should be won.

Understanding Nonpayment vs. Holdover Cases

Defenses vary dramatically based on case type, so understanding which you're facing is essential.

Nonpayment cases:

Holdover cases:

Why this distinction matters: Some defenses apply to both. Others are specific to case type. Knowing which case you're defending determines which defenses to assert.

Basic Procedural Defenses: Attacking How the Case Was Started

Procedural defenses challenge whether the landlord properly initiated the eviction, regardless of the underlying facts.

Improper or Missing Predicate Notice

What predicate notices are: Before filing eviction, landlord must serve required notice giving you opportunity to cure or leave.

For nonpayment cases:

For holdover cases:

Common defects:

Wrong time periods:

Insufficient information:

Improper service:

Defense strategy: If predicate notice is defective, landlord must start over with proper notice. Case gets dismissed, though landlord can refile after proper notice.

Improper Service of Notice of Petition and Petition

What must be served:

Legally acceptable service methods:

Personal service (best for landlord):

Substituted service:

Conspicuous place service:

Service timing requirements:

Common service defects:

Wrong method:

Wrong timing:

Wrong address:

No proof:

Defenses based on service defects:

Lack of personal jurisdiction:

Insufficient notice:

How to prove service was improper:

Wrong Party: Standing and Identification Defenses

Landlord lacks standing:

Wrong tenant named:

Wrong apartment:

Why this matters: If wrong parties are named, court may lack jurisdiction. At minimum, landlord must correct and re-serve, restarting timeline.

Defenses Specific to Nonpayment Cases

When landlord claims you owe rent, numerous defenses challenge whether money is actually owed.

Amount of Rent Claimed Is Wrong

Defenses based on incorrect amounts:

Overstated rent:

Illegal fees called "rent":

Improper rent increases:

Partial payments not credited:

How to assert this defense:

Rent Already Paid

The ultimate nonpayment defense: If you already paid the rent landlord claims you owe, case should be dismissed.

Proof of payment:

Timing issues:

Tender defense:

Payment before judgment: In nonpayment cases, paying all claimed arrears before final judgment makes the case moot—it must be dismissed.

Strategic considerations:

Missing Required Notices for Rent Increases

Housing Stability and Tenant Protection Act (HSTPA) requirements:

For rent increases of 5% or more:

If proper notice not given:

Defense strategy:

For lease non-renewals and terminations:

Defenses Based on Apartment Conditions and Landlord Conduct

These powerful defenses assert landlord's own violations justify nonpayment or bar eviction.

Breach of Warranty of Habitability

What warranty of habitability means: New York law implies into every residential lease a warranty that the apartment is fit for human habitation. Landlord's breach of this warranty gives you defenses and counterclaims.

Conditions that breach warranty:

Not every minor issue qualifies:

How this creates defense:

Calculating rent abatement:

Percentage reduction method:

HPD violations method:

How to assert warranty breach defense:

Document conditions:

Prove landlord's knowledge:

Calculate abatement:

Assert as defense and counterclaim:

At trial:

Retaliatory Eviction Under RPL § 223-b

What retaliation is: Landlord evicting you because you exercised legal rights.

Protected activities triggering retaliation protection:

The one-year presumption:

How retaliation works as defense:

Landlord's burden:

Your strategy:

Evidence of retaliation:

Remedies if retaliation proven:

Exceptions:

Discrimination and Fair Housing Violations

Protected characteristics under federal and NY law:

Discriminatory eviction:

How to assert as defense:

Evidence of discrimination:

Remedies:

Defenses in Holdover Cases and Regulated Tenancies

When landlord claims your right to occupy has ended, specific defenses apply based on tenancy type and grounds claimed.

No Valid Ground for Holdover

In Good Cause areas:

Renewal rights:

Month-to-month tenancies:

Defenses to assert:

Rent Stabilization and Rent Control Procedure Violations

Special protections for regulated tenants:

Improper registration:

Failure to offer proper renewal:

Improper deregulation:

Overcharges as defense:

Required notices:

How to assert:

Public and Subsidized Housing Special Procedures

Due process requirements:

Public housing:

Section 8 and other subsidies:

Defenses specific to subsidized housing:

Other Critical Defenses and Protections

Beyond case-specific defenses, general protections can defeat or delay eviction.

Lack of Personal Jurisdiction

What personal jurisdiction means: Court's power over you as a person.

When jurisdiction doesn't exist:

Why this is powerful:

How to assert:

Hardship Stay Under RPAPL § 753

What hardship stay is: Even if landlord wins eviction case, court can delay execution of warrant up to one year based on hardship.

Factors courts consider:

How to request:

What court may order:

Strategic value:

Payment Plans and Stipulations

Not technically a defense but important protection:

Court's power to order payment plans:

Stipulation settlements:

Strategic considerations:

How to Assert Defenses: The Critical Answer

Your Answer is everything:

What to include in Answer:

Caption:

General denial:

Affirmative defenses:

Counterclaims:

Prayer for relief:

Verification:

Common mistakes to avoid:

Getting Help: You Don't Have to Do This Alone

Eviction defense is technical and consequence is losing your home. Professional help dramatically improves outcomes.

Free legal services:

What to bring to attorney:

Attorney can:

Timeline matters:

Your Defenses Are Your Housing

Understanding and properly asserting defenses to eviction isn't just legal technicality—it's what keeps you in your home. Landlords file eviction cases hoping tenants don't know their rights and don't defend properly.

Every defense in this guide exists because landlords have historically tried improper evictions: failing to give proper notice, retaliating against complaints, pursuing evictions despite conditions they created, claiming rent that isn't owed, violating rent regulation protections.

Your defenses enforce the rules landlords must follow to evict. When you assert them properly in a timely Answer with supporting evidence, you level the playing field and force landlords to prove they have legal grounds to remove you from your home.

Document everything. File your Answer on time. Assert every applicable defense. Get legal help. Your housing depends on it.

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