What are defenses to a nonpayment of rent case?

Sometimes tenants are unable to pay their rent because they've become unemployed or had to pay unexpected medical expenses due to an illness. The fact that you don't have the money to pay your rent is not a legal defense to an eviction action.

However, you still may be able to raise legal defenses which can help you avoid eviction, even though they are not the primary reason you initially withheld your rent. If you do not raise some defense, it is likely a judgment for possession will be entered against you.

Some legal defenses include:

• Housing Code Violations - There were serious problems in my rental unit during the period I didn't pay rent that the landlord knew about or should have known about, but refused or failed to fix, and which were not caused by me or my family or guests, including serious problems with the heat, hot water, kitchen appliances, bathroom fixtures, leaks, insects and rodents, floors, walls and more.
• Incorrect Amount - I do not owe the amount of money my landlord says because my landlord is suing me for money I already paid.
• Illegal Rent Level - I do not owe the amount of money my landlord says because my landlord is charging me an illegal rent level.
• "Notice to Quit" or "Notice to Cure or Vacate"
  • I did not give up my right to receive a Notice to Quit and I did not receive a Notice to Quit before being sued for eviction and served with a Complaint; or
  • I did receive a Notice to Quit before being sued for eviction and served with a Complaint, but the Notice was defective:
    • I do not owe the amount of money my landlord says; or
    • the Notice to Quit does not tell me how much money I owe; or
    • the Notice to Quit gave me fewer days than required in my lease or by law; or
    • my landlord did not provide me with a copy of the Notice to Quit correctly; or
    • I paid all the money required under the Notice to Quit.
• Complaint - My landlord did not provide me with a copy of the Complaint correctly.

What are defenses to a "Notice to Quit" case for lease violation(s)?

If you are being sued for eviction for some other reason than nonpayment of rent, you are entitled to receive a "Notice to Quit" or "Notice to Correct or Vacate." If you do not raise some defense, it is likely a judgment for possession will be entered against you.

The following are some legal defenses you may be able to raise:

• I did not receive a Notice to Quit telling me why my landlord wants to evict me.
• I did receive a Notice to Quit telling me why my landlord wants to evict me, but:
  • the statements in the Notice are not true; or
  • I fixed the problem(s) before the time on the Notice ran out; or
  • what the landlord is complaining about in the Notice does not violate my lease or the housing code; or
  • I do not have a written lease; or
  • my landlord did not provide me with a copy of the Notice correctly; or
  • the Notice did not tell me what I did wrong and why the landlord wants to evict me; or
  • the Notice did not tell me how to fix the problem(s); or
  • the Notice gave me less than 30 days to fix the problem(s); or
  • the Notice was not written in both English and Spanish; or
  • my landlord accepted my rent after I received the Notice.
• Complaint - My landlord did not provide me with a copy of the Complaint correctly.
• Retaliation - The real reason my landlord wants to evict me is because:
  • I complained about problems in my residence to the landlord; and/or
  • I complained about problems in my residence to a government agency or a housing inspector; and/or
  • I am helping or organizing other tenants to improve the conditions in their residences and/or the building complex.
• Discrimination - My landlord is engaging in discrimination prohibited by District of Columbia and/or federal law.
  • The real reason that my landlord wants to evict me is because of my (list only those items that apply): race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, disability, matriculation, political affiliation, source of income (including reliance on a Section 8 Housing Choice Voucher), or place of residence or business.
  • My landlord is treating me differently than other tenants because of my race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, disability, matriculation, political affiliation, source of income, or place of residence or business.
  • I am a person with a disability and my landlord is trying to evict me even though I am entitled to a reasonable change (or accommodation) to a policy, procedure, lease term, or the building itself so that I can have an equal opportunity to use and enjoy my residence. (An example of this defense is if a person needs a service animal, such as a dog that alerts a tenant who is deaf to the sounds of a door bell, phone calls, or a smoke detector. In such a case, a landlord is required to make an exception to a "no-pets" policy and cannot evict the tenant for having a dog.)
  • My landlord is trying to evict me because of the number of people living in my home, I have at least one child living with me, and the number of people living in my home is not more than, (in an efficiency apartment 2 persons) or (in an apartment with one or more bedrooms, 2 times the number of bedrooms plus one).