Eviction cases go through the following steps:

1. The Landlord gives you a Notice to Quit
   • Before the Landlord can start a court case to evict you, they must give you a written document called a Notice to Quit. The Notice to Quit must include a valid reason why they are evicting you. It must also include a deadline telling you when to move out or fix the problem (see table below).
2. You get time to move out or fix the problem
   • After the Landlord gives you a Notice to Quit, you get a certain amount of time to move out or fix the problem before you can start a case. The amount of time you get depends on the reason the Landlord wants to evict you. The table below shows how many days the Landlord must give you for each reason. You must move out or, if possible, fix the problem by the time the deadline passes. If you don't, the Landlord may start a court case to evit you. Note: the Landlord must give you three extra days if they mail the Notice to Quit.

   • Reason for Eviction	Notice Requirement	If Notice is Mailed
     Not paying rent	At least 7 days	At least 10 days
     Not paying utilities	At least 5 days*	At least 8 days
     Violating rental agreement	At least 10 days**	At least 13 days
     Doing illegal activity on property	At least 5 days	At least 8 days
     Purposely causing damage	At least 24 hours	At least 4 days
     Change in use of land (moblie home park only)	At least 270 days	At least 273 days

   • *If this is the second Notice to Quit for not paying utilities you've gotten given in the past 6 months, you only get 3 days and you can't fix the problem.
   • **If this is the second Notice to Quit for violating the rental agreement you’ve gotten in the past 6 months, you only get 5 days to move out and you can’t fix the problem.
3. The Landlord starts a court case by filing a Complaint
   • If you don't fix the problem or move out by the deadline in the Notice to Quit, the Landlord may start a court case to evict you. The Landlord starts a case by filing a Complaint at the local court and giving you a copy.
4. The Landlord gives you a copy of the Complaint
   • The Landlord must give you a copy of the Complaint and other documents they filed with the court. They must do this in a specific way: by sending you a copy through certified mail/restricted delivery/return receipt or by hiring a Process Server. This is called "service."
5. The court holds an eviction hearing
   • The court holds a hearing within 15 days of when the Landlord filed the case, but no sooner than 2 days after you are served the Complaint. This is sometimes called an Eviction Hearing. At this hearing, a judge decides if you have to move out.
6. You have 20 days to respond to the Complaint
   • You must respond to the Complaint by filing a document called an Answer within 20 days. If you don’t respond within 20 days of when the Landlord served the Complaint, the judge can order you to pay money without hearing your side of the story.
7. The court holds a damages trial or there's a default judgment
   • Damages Trial: If the Landlord asked for money and you do file an Answer within 20 days of when you were served the Complaint, there will be a damages trial. It is sometimes called the “damages hearing.” At the damages trial, the judge decides how much money each of you owes the other.
   • Default Judgment: If you don’t file an Answer within 20 days of when the Landlord served the Complaint, the Landlord can ask the judge to decide the case without a trial. This is called a default judgment. Because you didn’t tell the judge you disagree with the Complaint, it’s possible the judge will give the Landlord what they asked for, including all the money damages.

Check the deadline on the Notice to Quit you got from the Landlord.

What if the deadline has passed?

• If the deadline on the Notice to Quit has passed, skip this step and go to Step 4.

What if the deadline hasn't passed?

• If the deadline in the Notice to Quit hasn't passed, you may be able to avoid getting evicted if you fix the issue or move out before the deadline. If you don't move out or fix the issue before the deadline, the Landlord may start a court case to evict you. This could result in an eviction on your record.
• You don't want an eviction on your record. Having an eviction on your record can make it difficult to rent property from someone in the future. It may affect your ability to get a loan and hurt your credit rating. Also, if you're part of a rental assistance program, you may lose your eligibility to receive aid if you have an eviction on your record.

• Why is the Landlord trying to evict you? Click to get information about how you can avoid getting an eviction on your record:

• For not paying rent
• For not paying utility bills
• For violating the rental agreement
• For purposely causing more than $400 in damage to the property
• For doing something illegal on the property

If your Landlord wants to evict you, it may be helpful to talk with your Landlord before the eviction hearing to try to resolve the issue. This can save you a lot of time and money. It may also help you avoid a bad outcome at the eviction hearing or at the damages trial.

For example, if the judge decides to evict you at the eviction hearing, you will have an eviction on your record. Having an eviction on your record can make it difficult to rent property from someone in the future. It may affect your ability to get a loan and hurt your credit rating. Also, if you're part of a rental assistance program, you may lose your eligibility to receive assistance if you have an eviction on your record. Similarly, if the judge decides against you at the damages trial, you may have to pay the full amount of money damages the Landlord asked for in their Complaint. You may also have to pay for the Landlord's attorney fees.

Here are some ideas that may help you come to an agreement with your Landlord:

• If your Landlord wants to evict you for not paying rent or utilities:
  • you could ask them if you can set up a repayment schedule instead of going through with an eviction
  • you could ask them if they can help you find a rental or utility assistance program
    • Note: If you need help with rent, you can contact Alaska 2-1-1 by dialing 2-1-1 or 1-800-478-2221. They might be able to help you find a rental assistance program. You can also check out these resources on Alaska Legal Corporation's webpage.
  • you could offer to pay part of the rent or utility bill with a promise to pay the rest when you can
  • you could offer to move out by a certain date in exchange for them not to file an eviction case or to drop their case if they already filed one
• If your Landlord wants to evict you for violating the rental agreement:
  • if the Notice to Quit doesn't explain how to fix the violation, you could ask the Landlord specifically what you need to do
  • you could ask the Landlord how you can avoid violating the rental agreement in the future
  • you could offer to pay for any costs the Landlord had to pay because of the violation
  • you could offer to move out by a certain date in exchange for them not to file an eviction case or to drop their case if they already filed one
• If your Landlord wants to evict you for purposely damaging the property:
  • you could offer to pay for the damage in full
  • you could offer to move out immediately in exchange for them not to file an eviction case or to drop their case if they already filed one
• If your Landlord wants to evict you for doing illegal activity on the property:
  • you could offer to pay for any costs the Landlord had to pay because of the illegal activity
  • you could offer to move out by a certain date in exchange for them not to file an eviction case or to drop their case if they already filed one

DO YOU NEED HELP?

• Depending on your income and circumstances, you may qualify for a free lawyer.
• Depending on your income, you may quailify to get free legal answers.
• Many lawyers offer free or flat fee consultations so you don’t have to hire them for the whole case. Find a lawyer.

An eviction hearing is where the judge decides if you have to move out. The judge will decide who gets possession of the property, you or your Landlord.

The eviction hearing normally happens 2 to 4 days after the Landlord serves you the Complaint. It’s shorter and less formal than a trial. It may last only 15 minutes or as long as 3 hours. Learn about defenses you can bring up at the hearing. If the judge agrees with your defense, they may stop or postpone the eviction.

1. Check the court calendar the day of the hearing
   • On the day of your hearing, check the court calendar to know which courtroom to go to. Plan to arrive at the courtroom 5-10 minutes before the scheduled time. The judge may have more than one case scheduled. They will ask you to come forward when it is your turn. Learn about how to dress and act during the hearing.
   • Note: Calendars update at 7:30 am every day. Check the calendar on the day of the hearing in case the courtroom changed.
   • Note: If you need to postpone the eviction hearing and you have a good reason for it, you can ask the judge to do so by filing a Motion for Continuance.
2. Bring your documents with you
   • If you have a defense to eviction, the judge will want to see evidence. Some examples of things to bring might be:
     • copy of the rental agreement,
     • copy of the Notice to Quit you got from the Landlord,
     • other documents, like photographs, emails, letters.
   • Read below about defenses you can raise at the eviction hearing.
3. Tell your side of the story
   • The judge will ask you questions about why you think you shouldn't be evicted, including any defenses you may have. If you have witnesses, tell the judge. They will give you an opportunity to ask the witnesses questions to help prove your side of the story.
     • Witnesses. If you decide to have a witness, you must arrange for them to show up at the hearing. The judge or court staff won’t do this for you. If your hearing is not over the phone or Zoom, and the witness needs to appear by telephone, ask the judge for permission. Do this before the date of the hearing. Use Request to Appear by Telephone – TF-710. Note: If you need a witness to testify at an eviction hearing, but they don’t want to show up, you can ask the judge to order them to show up. This type of court order is called a subpoena. Read about how to subpoena a witness.

LEARN ABOUT DEFENSES:

You can bring up one or more defenses at the eviction hearing. If the judge agrees with one of your defenses, they may stop the eviction from happening or postpone the eviction hearing to another date. This can buy you more time and give you another opportunity to come to an agreement with your Landlord.

A Note About Discrimination: If you feel you are being discriminated against because of your race, religion, color, national origin, sexual orientation, gender identity or "expression", or physical or mental disability, you can bring this up as a defense at the eviction hearing. You can also contact the Equal Rights Commission in your community or the Alaska State Commission for Human Rights. The Commission's statewide complaint hot line is (907) 274-4692 or toll free (800) 478-4692. TTY/TDD: (907) 276-3177 or toll free (800) 478-3177. If you live in Anchorage, you can contact the Anchorage Equal Rights Commission.

Why is the Landlord evicting you? Click on the reason below to get information about specific defenses you can raise at the eviction hearing.

• For not paying rent
• For not paying utility bills
• For violating the rental agreement
• For purposely causing more than $400 in damage to the property
• For doing something illegal on the property

Defenses to Eviction for Nonpayment of Rent

• Defense #1: The Notice to Quit contained wrong information
  • If the Notice to Quit doesn’t have the right information in it, it is improper. This is a defense. If the judge accepts this defense, the Landlord will have to give you a new Notice to Quit. The 7-days’ notice requirement will start over. The judge will schedule a new hearing. Here are the ways a Notice to Quit could be improper:
    1. the amount of rent the Landlord listed on the Notice to Quit isn’t right. You owe less than what it says you owe.
       • Example: You only owe $2400 in unpaid rent, but the Notice says you owe $3600. You will need proof, like a receipt, to show the judge you only owe $2400.
    2. the Notice to Quit demands money for other things like late fees, interest, or money out of your security deposit. Not just money for unpaid rent.
       • Example: The Notice says you owe $2,700 total, but only $2500 is for unpaid rent. The other $200 is for late fees and interest.
    3. The Landlord filed the Complaint before 7-days deadline passed.
       • Example: The Notice gave you a deadline of February 3, but the Complaint was filed on or before February 2.
    4. the 7-day deadline was not counted correctly.
       • Example: The Landlord taped the Notice on your door on February 2 at 12 pm with a deadline of February 8 at 12 pm. The deadline should have been listed as February 9 at 12pm. The Landlord must give you 7 days to pay the rent.
• Defense #2: Your Landlord wouldn't accept your money
  • If you tried to give the Landlord the full amount of rent money you owed before the deadline in the Notice to Quit passed, but the they refused your money, this is a defense.
  • Note: If you tried to give the Landlord only part of the total amount you owe, that isn’t a defense. They can still evict you if you only tried to make a partial payment.
    • Example of full payment: The Landlord posted a Notice to Quit on your door, saying you need to pay $1800 in rent or you will be evicted. The Notice has a deadline of 7-days. Before the 7-days are up, you go to the Landlord with a check with the full $1800, but they say they won’t take it. This is a defense. If the Judge agrees, you won’t be evicted.
    • Example of part payment: The Landlord posted a Notice to Quit on your door, saying you need to pay $3,000 in rent or you will be evicted. The Notice has a deadline of 7-days. Before the 7-days are up, you go to the Landlord with a check for only $1000, part of the total $3,000 you owe. But the Landlord says they won’t take it. They don’t have to accept. This is not a defense.
• Defense #3: The Landlord accepted a part payment from you
  • If you tried to give the Landlord part of the rental money you owed before the deadline in the Notice to Quit passed, and they accepted your money, this is a defense.
  • Note: You still have to pay the full amount eventually. If you don’t, your Landlord can post another Notice to Quit and start the eviction process over again.
    • Example: The Landlord posted the Notice on your door on February 2 at 12 pm. The Notice says you owe $2400 in unpaid rent and will be evicted unless it’s paid in full by February 9 at 12 pm. You go to the Landlord on February 3 with a check for $1200 and say you will pay the rest next week. The Landlord accepts the payment.
• Defense #4: The Landlord didn't keep the property in a safe and livable condition
  • If there are big problems the Landlord didn’t fix, making the property unsafe and unlivable, this could be a defense. They must be big problems, though. Things like flooding, pest infestations, large leaks, lack of drinkable water, serious electrical or heating problems, etc.
  • You may want to argue to the judge that rent should be less than the Landlord says you owe. If the judge agrees, they will stop your eviction. The Landlord will have to give you a new Notice to Quit with the new rent amount. You can also pay the new lower rent amount.
    Note: You may want to talk to a lawyer about this. It is not a good idea to just stop paying rent or reducing the amount of rent you pay.
    • Example: You had a huge rat infestation. You told the Landlord about it, but they didn’t hire an exterminator to fix it for over two months. It was unsafe to live there, so you had to live with a friend. You normally pay $1,000 a month in rent, but you only paid $500 a month for those two months. The Landlord gave you a Notice to Quit for not paying rent. You can argue rent should be $1,000 for the two months. If the judge agrees, this is a defense.

Defenses to Eviction for Nonpayment of Utilities

• Defense: The Notice to Quit contained wrong information
  • If the Notice to Quit doesn’t have the right information in it, it is improper. This is a defense. The Landlord will have to give you a new Notice to Quit. The 5-days’ notice requirement will start over. The judge will schedule a new hearing. Here are ways a Notice to Quit could be improper:
    1. The Landlord filed the Complaint before 5-days deadline passed.
       • Example: The Notice gave you a deadline of February 3, but the Complaint was filed on or before February 2.
    2. the 5-day deadline was not counted correctly.
       • Example: The Landlord taped the Notice on your door on February 2 at 12 pm with a deadline of February 6 at 12 pm. The deadline should have been listed as February 7 at 12pm. The Landlord must give you 5 days if they want to evict you for not paying utilities.

Defenses to Eviction for Violating the Rental Agreement

• Defense #1: The Notice to Quit contained wrong information
  • If the Notice to Quit doesn’t have the right information in it, it is improper. This is a defense. The Landlord will have to give you a new Notice to Quit. The 10-day notice requirement will start over. The judge will schedule a new hearing. Here are ways a Notice to Quit could be improper:
    1. The Landlord filed the Complaint before 10-day deadline passed. Note: If this is the second Notice to Quit for violating the rental agreement you’ve gotten in the past 6 months, the deadline only has to be 5 days.
       • Example: The Notice gave you a deadline of February 3, but the Complaint was filed on or before February 2.
    2. the 10-day deadline was not counted correctly. Note: If this is the 2nd Notice to Quit for violating the rental agreement you’ve gotten in the past 6 months, the deadline only has to be 5 days.
       • Example: The Landlord taped the Notice on your door on February 2 at 5 pm with a deadline of February 11 at 5 pm. The deadline should have been listed as February 12 at 5 pm. The Landlord must give you 10 days if they want to evict you for violating the rental agreement.
• Defense #2: Your violation was minor and didn’t affect anyone’s health or safety
  • Your Landlord must show that you violated the rental agreement in a big way. Not just a minor violation. It should be something that risks the health and safety of other tenants or visitors. If the Landlord is trying to evict you for only a minor violation, this is a defense.
    • Example: You accidentally parked in another tenant’s parking space by accident for a night. This is a minor violation. The Landlord probably can’t evict you for that.
• Defense #3: The Landlord doesn’t have evidence you violated the rental agreement
  • If the Landlord doesn’t have evidence that you violated the rental agreement, then they can’t evict you. They must have proof.
• Defense #4: The Landlord accepted your rent money even though they knew about the violation
  • If the Landlord accepted your rent money even though they knew you violated the rental agreement, this is a defense.
• Defense #5: The Landlord is trying to evict you as payback
  • The Landlord can’t evict you as payback for doing something you are allowed to do. They can’t evict you as payback for any of the following things:
    • because you asked for a copy of the rental agreement
    • because you asked them to repair something (heater, oven, air-conditioning, plumbing, other essential service, etc.)
    • because you organized or joined a union
    • because you complained to a government agency about the property

Defenses to Eviction for Purposely Damaging the Property

• Defense #1: The Notice to Quit contained wrong information
  • If the Notice to Quit doesn’t have the right information in it, it is improper. This is a defense. The Landlord will have to give you a new Notice to Quit. The 24-hours’ notice requirement will start over. The judge will schedule a new hearing. Here are ways a Notice to Quit could be improper:
    1. The Landlord filed the Complaint before the 24-hour deadline passed.
       • Example: The Notice gave you a deadline of February 3 at 12 pm, but the Complaint was filed before that time.
• Defense #2: You didn't cause the damage on purpose
  • The Landlord has to prove that you caused the damage on purpose. If you caused the damage by accident, tell the judge at the eviction hearing. If the judge agrees, this is a defense.
    • Example: You accidentally broke a window when you were moving a shelf from your bedroom to the living room. The window will cost $600 to repair. The Landlord gave you a Notice to Quit for intentionally causing more than $400 in damage to the property. Since it was an accident, this is a defense.
• Defense #3: The amount of damage you caused wasn't more than $400 worth
  • The Landlord has to prove that you caused more than $400 in damage to the property. If the amount of damage was less than that amount, tell the judge at the eviction hearing. If the judge agrees, this is a defense.
    • Example: You were angry about something and threw a bottle through your bedroom window. You told the Landlord and had a professional repairman come give you a quote. The professional said it would cost $325 to fix the broken window. This is a defense.

Defenses to Eviction for Doing Illegal Activity On the Property

• Defense #1: The Notice to Quit contained wrong information
  • If the Notice to Quit doesn’t have the right information in it, it is improper and the judge can’t evict you at the eviction hearing. This is a defense. The Landlord will have to give you a new Notice to Quit. The 5-days’ notice requirement will start over. The judge will schedule a new hearing. Here are the ways a Notice to Quit could be improper:
    1. The Landlord filed the Complaint before 5-days deadline passed.
       • Example: The Notice gave you a deadline of February 3, but the Complaint was filed on or before February 2.
    2. The 5-day deadline was not counted correctly.
       • Example: The Landlord taped the Notice on your door on February 2 at 12 pm with a deadline of February 6 at 12 pm. The deadline should have been listed as February 7 at 12pm. The Landlord must give you 5 days if they want to evict you for not paying utilities.
• Defense #2: The Landlord is trying to evict you for the wrong type of illegal activity
  • Alaska housing law states that a Landlord can evict a Tenant for the following illegal activities:
    • prostitution,
    • alcoholic beverages,
    • gambling or promoting gambling,
    • a controlled substance,
    • imitation of a controlled substance, or
    • allowing other people to do these activities at the property.
    If the Landlord is trying to evict you for some other type of illegal activity, tell the judge at the eviction hearing. This may be a defense.
    • Example: The Landlord gave you a Notice to Quit to evict you because they claim you stole something from a local store. This type of illegal activity is not listed in Alaska housing law. This may be a defense.
• Defense #3: The illegal activity occurred off property
  • If the Landlord is trying to evict you for illegal activity that occurred off property, tell the judge at the eviction hearing. This may be a defense.
    • Example: The Landlord gives you a Notice to Quit to evict you for illegal activity. They claim you committed a crime at the local grocery store down the street. This is not an illegal activity that happened on the property. This may be a defense.

If you got an eviction Complaint, called a Complaint for Forcible Entry and Detainer, you should respond to it within 20 days by filing a document called an Answer. If you don’t respond within 20 days of when the Landlord served the Complaint, the judge can order you to pay money without hearing your side of the story.

1. Use the Answer form
   • Answer to F.E.D. Complaint
2. Fill out the top of the form (caption)
   • Fill out the top of the form the same way the Complaint is filled out:
     • same location of the court as listed on the Complaint,
     • same name of parties, and
     • same case number
3. Fill out the rest of the form
   • Go through each section of the Answer form very carefully
     • If you agree with something, check "I ADMIT" in the box
     • If you don't agree with something, check "I DENY"
   • Under the "Defenses" section:
     • Check the box for any defense you think applies. You have to prove your defenses at trial.
     • Read about defenses below.
   • Under the "Counterclaims" section:
     • Check the box for any counterclaim you think applies. You have to prove your counterclaims at trial.
     • Read about counterclaims below.
   • Under the "Request for Relief" section:
     • Check the boxes to tell the judge what you want the judge to order.
   • At the bottom:
     • Date and sign the form.
     • Include your mailing address and a phone number.
   • Under the "Certificate of Service" section:
     • Write the mail address of the Landlord or their attorney.
     • Write the date you will mail, email, or hand-deliver the form to the Landlord.
4. Make two copies of the form
   • Make two copies of the filled-out form. One copy is for your records. One copy is to send to the Landlord. You will need to file the original form with the court (see below).

DO YOU NEED HELP?

• Depending on your income and circumstances, you may qualify for a free lawyer.
• Depending on your income, you may qualify to get free legal answers.
• Many lawyers offer free or flat fee consultations so you don’t have to hire them for the whole case. Find a lawyer.

LEARN ABOUT DEFENSES TO RAISE IN YOUR ANSWER:

The law allows you to use defenses in your Answer to tell the judge why you don’t owe the Landlord as much money as they say in their Complaint. You can use more than one defense.

If you use a defense, you will have to prove it at trial with evidence. If you can prove your defense at trial, the judge may decide you owe the Landlord less money than they said in their Complaint. Or the judge may decide you don’t owe the Landlord any money.

Below are some of the defenses you can use in your Answer. Check the box in your Answer form if you think you can prove it at trial.

Defense #1: The Notice to Quit was improper

• You can use this defense if the Landlord gave you the Notice to Quit in the wrong way or the Notice to Quit didn’t have the right information in it.
  • Examples of Notice to Quit in the wrong way:
    • Example: The Landlord gave the Notice to Quit to a neighbor instead of you.
    • Example: The Landlord left the Notice to Quit on your doorstep instead of taping it to your door.
  • Examples of Notice to Quit without the right information:
    • The Landlord gave you a Notice to Quit, but it didn’t say how you could fix the problem. You can only use this defense if Landlord is evicting you for: (1) not paying rent, (2) not paying utilities, or (3) violating the rental agreement.
      • Example: Landlord gives you a Notice to Quit for not paying rent. The Notice to Quit didn’t say you could fix the problem by paying the rent in full. This is a defense.
    • The Landlord gave you a Notice to Quit, but it didn’t give you a deadline.
      • Example: Landlord gives you a Notice to Quit for violating the rental agreement. But there is no deadline on the Notice to Quit telling you when you have to move out or fix the problem. This is a defense.
    • The Landlord gave you a Notice to Quit and there was a deadline, but it was shorter than the number of days required. The amount of time the Landlord needs to give you depends on why they are evicting you. See Step 1.
      • Example: On May 1 at 2pm, Landlord gives you a Notice to Quit for violating Tenant duties. They put the deadline as May 8 at 2pm. They need to give you at least 10 days’ notice to evict you for that reason (or 13 days if they mailed). The deadline should be May 11 at 2pm (or May 14 at 2pm if mailed). This is a defense.

Defense # 2: The Landlord refused to accept the payment I offered or refused to allow me to fix the problem.

• You can use this defense if you tried to give the Landlord the full amount of unpaid rent before the deadline, but they wouldn’t accept it. Or when you could have fixed the problem, but the landlord wouldn’t let you fix it.
  • You tried to give the Landlord the full amount of rent money you owe before the deadline, but they wouldn’t take it
    • You can only use this defense if the Landlord is evicting you for not paying rent.
      • Example: Landlord gives you a Notice to Quit for not paying $1,500 in rent. Before the deadline passes, you try to pay the full $1,500 you owe, but the Landlord won’t take the money. This is a defense to eviction.
  • The Landlord would not let you fix the problem
    • You can only use this defense if the Landlord is evicting you for (1) not paying rent, (2) not paying utilities, or (3) violating the rental agreement.
      • Example: Landlord gives you a Notice to Quit for not paying utilities. You get the utility service running again and try to pay back the Landlord for a payment they made to the utility company. The Landlord won’t take the payment. This is a defense to eviction.

Defense # 3: The amount of rent the Landlord claims you owe is incorrect

• You can use this defense if you owe less rent than the Landlord said in the Complaint. This could be because you made rental payments that the Landlord didn’t count. Or you paid for essential repairs to the property. Or the Landlord didn’t provide essential services or keep the property in a safe and healthy condition.
  • You made rental payments the Landlord didn’t include
    • The Landlord says you owe more rent than you do because they didn’t count rental payments you made. You will have to show proof that you made these payments at trial.
      • Example: In the Complaint, the Landlord said you owe $3,000 in rent. You know that you only owe $2,000 because you made a $1,000 payment the Landlord didn’t count. You have proof of the payment you made, like a receipt. This is a defense to money damages.
  • You paid for essential repairs to the property
    • The Landlord says you owe money in the Complaint, but they didn’t subtract money you paid to make an essential repair. An essential repair is something like heat, water, sewer, electricity, or plumbing. Before you make an essential repair, you must tell the Landlord in writing that you plan to make the repair and give them time to do it themselves.
      • Example: The heater stopped working due to an electrical problem. You told the Landlord in writing about the problem, but they still didn’t fix it. You wrote them again and told them you were going to pay for the repairs to get it fixed. You paid an electrician $600 to repair the heater. This is a defense to money damages.
  • The Landlord didn’t provide essential services or keep the property in a safe and healthy condition so rent payments should’ve been less
    • The Landlord didn’t provide essential services like heating, plumbing, safe drinking water, or other things. Or they didn’t keep the property in safe and healthy condition by repairing serious issues like broken appliances, leaks, or pest infestations. Because of this the fair rental value should have been lower than what you were paying.
      • Example: You found a large hole in your ceiling leaking water into your living room. It caused a lot of damage. You immediately told the Landlord about the leak. You were unable to use your living room for a whole month. The Landlord said they would not charge you rent for that month, but now they say you owe it. This is a defense to money damages.

Defense # 4: No physical damage was done to the property beyond ordinary wear and tear.

• You can use this defense if the Landlord says in the Complaint you damaged the property, but really the damage is just normal wear and tear.
  • Example: Landlord says in the Complaint you damaged the carpet. They say you owe them $1,500. The damage is just normal wear from every day use. This is a defense to money damages.

Defense # 5: The rental property was fully cleaned prior to departure

• You can use this defense if the Landlord says in the Complaint you owe them money for moving out of the property and not cleaning it.
  • Example: Landlord says in the Complaint you didn’t clean the property before moving out and they had to hire a professional cleaning company. It cost them $300 to hire the company. But you did fully clean the property before you moved out. This is a defense to money damages.

LEARN ABOUT COUNTERCLAIMS TO RAISE IN YOUR ANSWER:

The law allows you to use counterclaims in your Answer to tell the judge why the Landlord owes you money. You can use more than one. A counterclaim is different than a defense. When you use a defense, you say you don’t owe the Landlord money. When you use a counterclaim, you are saying the Landlord owes you money.

If you use a counterclaim, you will have to prove it at trial with evidence. If you can prove it at trial, the judge may decide you owe the Landlord owes you money damages.

Below are some of the counterclaims you can use in your Answer. Check the box in your Answer form if you think you can prove it at trial. Write the amount of money the Landlord (Plaintiff) owes you.

Counterclaim # 1: Landlord entered my home without notice or my permission

• Your Landlord must give you 24 hours’ notice before entering your home for repairs or services. The only exceptions are: (1) there is an emergency (smoke, explosion, water leak), (2) the Landlord has not been able to contact you, or (3) you have been gone from the property for more than seven days and you didn’t tell the Landlord you were leaving.
• If your Landlord entered your home without telling you at least 24 hours before or without your permission, you can ask for money damages. You can ask for an amount equal to one months’ rent for each time they entered your home in this way.
  • Example: Landlord enters your apartment while you went grocery shopping to do some maintenance. They never told you they were going to do this, and they didn’t ask your permission. You only know about it because they emailed you and told you after they were done. Your rent cost is $1200 a month. You can ask for $1200 in money damages.

Counterclaim # 2: Landlord’s failed to maintain a habitable dwelling

• Your Landlords has a duty to make necessary repairs to keep the property in a safe and healthy condition. For example, the Landlord needs make sure there are no leaks or large holes in the doors or walls, that the plumbing works, there is no harmful mold, etc.
• If your Landlord did not keep the property safe and healthy, you can ask for money damages equal to the loss in fair rental value. This means you were paying more rent than it was worth because of the unsafe and unhealthy conditions. You will have to prove this at trial.
  • Example: Landlord didn’t repair your broken toilet for months even though you asked them to many times. It’s the only toilet in the entire apartment. To use the restroom, you had to drive to your local grocery store or ask your neighbor. Your rent is $1000 a month, but the lack of toilet makes the fair rental value less. You can ask for the difference.

Counterclaim # 3: Landlord entered my home without notice or my permission

• When you move out, you have a right to get back the full security deposit you paid to the Landlord, or an explanation (accounting) for why the Landlord is giving you less than the full amount. If you think the Landlord kept more money from the security deposit than they should have, you can ask for it back.
• However, if damage has been done to the property beyond normal wear and tear or rent has not been fully paid, the landlord can deduct those amounts from the security deposit.

Counterclaim # 4: Any other reasons why you think the Landlord owes you money

Give 1 copy to the Landlord or their attorney by first class U.S. mail, hand-delivery, or by email if they indicated on the Complaint they would accept service by email. This is called serving the other side.

If the Landlord filed the case electronically through the TrueFiling program, you can send them a copy through that program.

File the original copy with the court listed at the top of the Complaint. You must do this within 20 days of when the Landlord served the Complaint. Choose one of these ways to file with the court:

• Hand-delivery, find the address of the court,
• First-class mail, or
• The Court’s online TrueFiling program