When you go to court, you must tell the judge your defenses. A defense is a legal reason why the eviction should not happen.
Some defense sentences may sound formal or complicated. Don’t be intimidated. That is how they must be said. These lines come straight from the law, and you can read them word for word in court.
Your script will always start with: “Your Honor, I assert the following defenses:”
After that line, you will say the defense sentences that apply to your case.
Read through the defenses below and pick the ones that match your situation. Write them down and practice saying them so you feel ready in court.
These defenses apply to most tenants who do not live in mobile homes. If you live in a mobile home, you should learn about defenses for mobile-home park tenants.
Defenses for not paying rent
If you paid the rent the landlord says you owe, tell the judge and show proof.
Say: “I paid the rent for the months the landlord says I didn’t pay. I have the proof right here with me.”
You must bring receipts, screenshots, or bank statements.
If an agency pays all your rent:
Say: “I receive assistance through [name of public assistance agency]. They pay my full amount of rent. If they did not pay, the landlord should contact them.”
If you pay part of the rent, and you paid your part:
Say: “I paid my portion of rent in full. I have the proof right here with me. I receive assistance through [name of public assistance agency]. If they did not pay, the landlord should contact them.”
If you tried to pay rent and the landlord refused:
Say: “The landlord refused the rent for [which month(s)]. I ask for an adjournment to prepare for trial to prove this, and if the Court agrees that the landlord refused, to deem those months waived.”
If you can pay some money each month, you can ask for a payment plan. You will need to keep paying your normal rent amount too.
Say: “I cannot pay the rent arrears in full, but I am able to do a payment plan of $[amount] per month, ON TOP of my usual rent of $[amount] per month.”
If your landlord raised the rent more than 5%, they must give written notice:
- 30 days if you lived there less than 1 year
- 60 days if you lived there 1–2 years
- 90 days if you lived there more than 2 years
If you did not get enough notice, say so.
Less than 1 year in the home
Say: “I did not receive the proper notice of the rent increase under RPL § 226. Since I’ve lived in the apartment for less than a year, I’m entitled to at least 30 days’ written notice before rent may be increased by more than 5%. I ask that the case be dismissed on this basis.”
1–2 years
Say: “I did not receive the proper notice of the rent increase under RPL § 226. Since I’ve lived in the apartment for at least one year but less than two years, I’m entitled to at least 60 days’ written notice before rent may be increased by more than 5%. I ask that the case be dismissed on this basis.”
2+ years
Say: “I did not receive the proper notice of the rent increase under RPL § 226. Since I’ve lived in the apartment for 2 years or more, I’m entitled to at least 90 days’ written notice before rent may be increased by more than 5%. I ask that the case be dismissed on this basis.”
You must get at least a 30-day notice.
If you did not, say: “I live in subsidized housing/public housing/receive Section 8, so I am entitled to a 30-day notice pursuant to the CARES Act, 15 USC § 9058. I did not receive the proper amount of predicate notice. I ask that the case be dismissed on this basis.”
For nonpayment cases, you must get at least 14 days’ notice.
If you did not, say: “I am entitled to at least 14-days’ notice under RPAPL § 711 (2). I did not receive the proper amount of predicate notice. I ask that the case be dismissed on this basis.”
Defenses if the court papers were not served the right way
You say: “Under CPLR § 2103, a party to an action cannot serve the pleadings him or herself. Here, the landlord served me the papers him/herself. I ask that the case be dismissed on this basis.”
Say: “The Notice of Petition and Petition were not served upon me at least 10 days and not more than 17 days before the first court date, as required by RPAPL § 733. I ask that the case be dismissed on this basis.”
Say: “There was not a copy of the court papers for each person in the household, as required by RPAPL § 735. I ask that the case be dismissed on this basis.”
Say: “The Notice of Petition and Petition were not served in accordance with RPAPL § 735, which states substituted service may be made on a person of suitable age and discretion who resides at or is employed at the premises. The person who was served does not live at the premises, nor are they employed at the premises. I ask that the case be dismissed on this basis.”
Defenses if there are health or safety problems in your home
This is called the Warranty of Habitability.
Say:
“There are Warranty of Habitability issues with the apartment. [Give all your examples, such as the heat or water not working correctly]. I ask for an adjournment to prepare for trial to prove this, and a determination from the Court as to how much the rent owed should be reduced based on these issues.”
If you complained about conditions in the last year and you are now being punished for that, this is known as a "Retaliatory Eviction."
Say:
“I contend that this is a retaliatory eviction under RPL § 223-b. I contacted (landlord/Codes/other agency) on (date) by (phone/text message/letter) about (issues with apartment). It is the landlord’s burden to prove that they are evicting me for a non-retaliatory reason, and if they do not have a non-retaliatory reason, the case should be dismissed.”
Defenses if you want extra time to move
If moving would hurt your health, your children’s schooling, or your ability to live safely, you can ask for extra time to move.
Say:
“If this case will not be dismissed, I ask for a stay of the Warrant of Eviction under RPAPL § 753 due to hardship. Moving is not feasible right now because [insert applicable hardship(s) here], and I am able and willing to pay rent while the Warrant of Eviction is stayed. I have tried to find housing by [insert the ways you have looked for housing], but have been unable to find a place to move. I ask for the maximum amount of time this Court can give.”
Defenses if you have a holdover eviction case
If you have a month-to-month tenancy, or the landlord is ending your written lease, the notice rules are the same as rent-increase rules:
- 30 days (less than 1 year)
- 60 days (1–2 years)
- 90 days (2 years or more)
If you did not get enough notice, say so.
Less than 1 year
“I did not receive the proper notice of the lease termination under RPL § 226. Since I’ve lived in the apartment for less than a year, I’m entitled to at least 30 days’ written notice before my tenancy can be terminated. I ask that the case be dismissed on this basis.”
1–2 years
“I did not receive the proper notice of the lease termination under RPL § 226. Since I’ve lived in the apartment for at least one year but less than two years, I’m entitled to at least 60 days’ written notice before my tenancy can be terminated. I ask that the case be dismissed on this basis.”
2+ years
“I did not receive the proper notice of the lease termination under RPL § 226. Since I’ve lived in the apartment for 2 years or more, I’m entitled to at least 90 days’ written notice before my tenancy can be terminated. I ask that the case be dismissed on this basis.”
If you did not break the lease, say:
“I assert that I did not breach the lease. I ask for an adjournment to prepare for trial to prove this, and if the Court agrees, that the Petition be dismissed.”
If you never got a written notice explaining the problem and giving you an opportunity to fix it, say:
“I am entitled to a written notice that I violated the lease, which says what I did and what part of the lease I violated. That notice should give me an opportunity to cure the violation. I did not get any such notice. I ask that this case be dismissed on that basis.”
If the court evicts you for breaking a lease rule you are entitled to time to fix the issue.
Say: “I am entitled to a 30-day stay of the Warrant of Eviction to cure my breach under RPAPL § 753(4). I ask for a stay to give me an opportunity to cure.”
If your landlord accuses you of being objectionable or having objectionable conduct, you can argue the instance(s)your landlord alleges happened were isolated incident(s), did not happen, or did not happen the way your landlord says it did.
Say which ever option you feel applies most to your situation:
“I am not an objectionable tenant. What happened was a single isolated incident, and that is not enough to find a tenant objectionable. I ask for an adjournment to prepare for trial to prove this, and that the Court dismiss this case if it agrees with me.”
“I am not an objectionable tenant. [All or some] of the incidents alleged did not happen. I ask for an adjournment to prepare for trial to prove this, and that the Court dismiss this case if it agrees with me.”
“I am not an objectionable tenant. [All or some] of the incidents did not happen the way they are being portrayed. I ask for an adjournment to prepare for trial to prove this, and that the Court dismiss this case if it agrees with me.”
Say:
“I contend that this is a retaliatory eviction under RPL § 223-b. I contacted (landlord/Codes/other agency) on (date) by (phone/text message/letter) about (issues with apartment). It is the landlord’s burden to prove that they are evicting me for a non-retaliatory reason, and if they do not have a non-retaliatory reason, the case should be dismissed.”
Last Reviewed: December 17, 2025