What motions can be filed as legal defenses for tenant in eviction?

Answer

Typical motions: to dismiss for failure to state a claim or for lack of jurisdiction; motion for summary judgment on the pleadings because there is no dispute of material facts.

You may also consider filing a detailed answer with clarification of any twisted or incomplete facts alleged in the complaint, and denials of any exaggerations or misstatements, as well as putting forth arguments for other defenses (breach of contract, breach of warranty of habitability (privacy, health code, etc), warranty of quiet enjoyment, equitable defenses (laches, unclean hands, balance of hardships...)); and even counterclaims, in a proper situation (torts by landlord such as negligence, nuisance, infliction of emotional distress, theft/conversion of your personal property, fraud, unfair business practices, false advertising, etc), and regulatory violations (failure to follow local statutes that protect tenants).

First answer by Wutzyerproblem. Last edit by Wutzyerproblem. Contributor trust: 537 [recommend contributor]. Question popularity: 34 [recommend question]