A reason why the landlord should not get some or all of the rent demanded.
- You did not receive the court papers.
- The court papers were not served on you the right way.
- Your name is not on the court papers or it is not spelled correctly.
- The person or company bringing you to court is not the landlord or the owner of the building. If you are not sure who the owner of the building is, you can call 311 or go to HPD online.
- The landlord did not demand the rent from you either orally or in writing before he began the case.
- You tried to pay the rent but the landlord would not take it.
- The rent that the landlord is asking for in the petition is not the correct amount.
- The landlord owes you money because you paid too much rent.
- You have already paid some or all of the rent.
- The landlord did not make repairs or provide services in your apartment or building.
- The apartment or building does not have a proper Certificate of Occupancy or Multiple Dwelling Registration.
- Your landlord is suing you for rent from a long time ago; the landlord never asked you to pay it before; and by waiting so long to sue you, you will have difficulty proving your case or paying the back rent due. This is called “laches”.
- You paid for repairs or services that your landlord should have paid for.
- Your belongings were damaged because the landlord failed to provide services or repairs.
- You are dependent on someone in the military.
Tell your defenses when you answer your petition.
T ell the clerk all of the defenses that apply to your case.
Be aware that some defenses are difficult to prove without a lawyer.