For ease of posting this on my blog I will divide the defenses into several categories: (1) defective notice; (2) defective complaint; (3) retaliation; (4) discrimination; and (5) miscellaneous.
A tenant can assert that the three-day notice was defective. But to assert this defense, the tenant must file a motion to quash service. And to cure this defect, the landlord must simply serve his tenant properly. Thus, this defense at best will only buy a short period of time. As I stated in my previous posts, the landlord's three-day notice must comply with a statute, if it doesn't the notice is defective. A three-day notice to pay rent or quit may be defective if it:
- Demands more rent than the tenant owes.
- Fails to state an address where the tenant can pay rent.
- Fails to describe the rental property.
- Is served before rent was late.
- Fails to clearly demand possession of the rental property.
- Is based on a breach of the lease agreement, but fails to state what the tenant must do to cure the breach or did not give three days to cure the breach, or both.
- Fails to declare the lease is forfeited.
- Is never served.
- Was served differently than as stated in the complaint.
- The notice attached to the complaint is different than that served on the tenant.
- Landlord served multiple notices on the tenant, so that the tenant was confused as to what the landlord wanted.
- Building code violations have existed for over six months, consequently the rent that the landlord is charging is excessive.
Posts
No comments:
Post a Comment