When you go to court, you must tell the judge your defenses. A defense is a legal reason why the eviction should not happen.

These apply only if you live in a mobile-home park. Learn more about defenses for tenants who do not live in mobile homes.

How to prepare:

• 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.

• Don’t be intimidated by the formal or complicated language. This is how they must be said. These lines come straight from the law, and you can read them word for word in court.

In court, you'll say:

“Your Honor, I assert the following defenses:”

Then read the defense sentences that apply to your case.

Remember: When you don’t understand something, speak up! (Learn more about representing yourself without a lawyer.)

Nonpayment

If your landlord is claiming you did not pay rent, you can say:

“I am entitled to at least 30-days’ notice before a nonpayment proceeding can be filed against me, as a mobile home park tenant, under RPL § 233(b)(2). I did not receive that. I ask that the case be dismissed on this basis.”

Change in use of land

Sometimes a landlord tries to remove tenants because they want to change how the land will be used. If that is the reason for the case, you can say:

“Under RPL § 233(b)(6), as a mobile home park tenant, I am entitled to at least 2 years’ notice before an eviction proceeding can be filed against me due to change in use of land. I did not receive that. I ask that the case be dismissed on this basis.”

If the landlord claims you used your home for an illegal purpose

“I argue that I did not use my home for an illegal purpose. I ask for an adjournment to prepare for trial to prove this, and that the Court dismiss this case if it agrees with me.”

Violation of health or safety laws

If the landlord says you broke a law that affects health or safety:

“I argue that I did not violate a law that threatens the health and safety of others. I ask for an adjournment to prepare for trial to prove this, and that the Court dismiss this case if it agrees with me.”

Breach of lease or park rule

If the landlord says you broke a lease term or a park rule:

“I argue that I did not breach the lease/violate the mobile home park rule. I ask for an adjournment to prepare for trial to prove this, and that the Court dismiss this case if it agrees with me.”

Missing required notices

Landlords must give certain written notices before filing an eviction case. If those notices were not given, you can say one of these:

10-day notice missing:
“Under RPL § 233(b)(4), as a mobile home park tenant, I am entitled to a 10-day written notice of any lease violation or rule violation. I did not receive that. I ask that the case be dismissed on this basis.”

30-day notice missing:
“Under RPL § 233(b)(4), as a mobile home park tenant, I am entitled to a 30-day notice to vacate before an eviction proceeding may be filed against me. I did not receive that. I ask that the case be dismissed on this basis.”

Other

If none of the legal reasons for eviction apply to your situation, use this defense. A mobile home park tenant can NOT be evicted if the landlord does not want to renew their lease or they are a month-to-month tenant and the landlord wants them out. The landlord always needs cause to evict a mobile home park tenant.

“Under RPL § 233(c), there are only 5 reasons a mobile home park tenant may be evicted. None of those reasons apply here, so I ask that the case be dismissed on this basis.”

Want help getting ready for court?

Read about getting ready for your eviction court date.

Want to know what happens in court?

Learn more about what to expect on the day of your eviction case.