INFORMATION ON ANSWERING A NOTICE OF PETITION AND PETITION
(EVICTION/DISPOSESS PAPERS for NONPAYMENT of RENT)

​

If you are in court for a "Non-payment" case , because the Landlord claims you owe rent, you have the right to tell the Court
the reason(s) why the rent may not be owed. Below are some reasons, called defenses, which the Court can consider in
deciding how much rent you may owe to your Landlord. Tell the Clerk any reason(s) which you believe you are able to
prove to the Judge. You may also go to the Resource Center if you need more information to help you answer in your case.

​

             SERVICE
I  did not receive a copy of the Petition and Notice of Petition (Eviction papers/ Disposess).

I  did not receive the court papers correctly as required by law. (See a Housing Court Counselor (Pro-Se Attorney) or seek
legal advice if you think you did not receive the eviction papers properly.)


             PARTIES
My name is not correct or is missing from the court papers.

The petitioner is not the Landlord or Owner of the building.

              RENT
I was not asked, either orally or in writing, to pay the rent before the Landlord started this proceeding.

I tried to pay the rent, but the Landlord refused to accept it.

The monthly rent being requested is not the legal rent or the amount on the current lease.

The Landlord owes money to me because of a rent overcharge.

The rent, or portion of the rent, has already been paid to the Landlord.


            APARTMENT
There are conditions in this apartment which need to be repaired and/or services which the Landlord has not provided.

I receive Public Assistance and there are Housing Code violations in the apartment or building.

The apartment is an illegal apartment.

            OTHER
Other Answer:
(Please tell the Clerk any other reason(s) why you believe you do not owe your Landlord some or all of the rent)






TV-LT-92 (Revised, March, 1998)