Affirmative Defenses: Miscellaneous

Finally, there are some defenses that rarely arise, but if they do an attorney ought to assert on a tenant's behalf. For example:

1. The tenant has paid the landlord a refundable deposit and wants the court to subtract the amount of that deposit from the judgment.
2. The plaintiff is not the landlord. 
3. The landlord's title and right to possession is void or voidable.
4. The rental property title is disputed. 
5. The landlord violated the implied covenant of good faith and fair dealing. 
6. The landlord violated the implied covenant of quiet enjoyment.

A competent attorney will be able to explain in detail if any of these defenses would apply to a landlord or tenant's particular case.