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Answer to Eviction (Form)

Authored By: Southeast Louisiana Legal Services (New Orleans office) LSC Funded
Contents

Information about Answers to Evictions

This is a SAMPLE Answer to an eviction lawsuit (called a Rule for Posession). This form includes many possible defenses.

Which defense, if any, applies to your case depends on your particular situation. Check only the boxes that apply to you. You should always check with the court clerk to see if there are any fees that need to be paid when you file documents with the court.

You must sign the Answer and have it notarized.

Depending on which court you are in, you may need to pay a filing fee or apply for a fee waiver. See other resources on this site about In Forma Pauperis, the process for asking the court for a fee waiver.

This form does not replace advice from a lawyer. It is best to try to get legal advice or representation, if you can, before filing papers in court.

 

Sample Answer to Eviction

_______________ COURT FOR THE PARISH/CITY OF __________________

STATE OF LOUISIANA

CASE/CITATION NO. _____________                                                   DIV:____________

 

_____________________________

V.

_____________________________

__________________ DEPUTY CLERK                                   FILED:_____________

 

EXCEPTIONS,  ANSWER AND AFFIRMATIVE DEFENSE TO RULE FOR POSSESSION OF PREMISES

 

                        NOW INTO COURT comes ______________________ defendant, and for exceptions and answer to plaintiff’s rule for possession of premises respectfully shows:

I.

                        Defendant admits his or her domicile, and admits denies each and every other allegation in plaintiff's rule for possession of premises.

II.

Exceptions:

Prematurity - Notice to Cure was required under the lease.

Prematurity -  Lease did not waive notice to vacate, which was not given or not timely given.

Plaintiff has not given proper notice to end the lease, required 10 days in advance for a month to month or oral lease, or as set in my lease: __________________________________________

Other: service issues, etc.: ______________________________________________________

 

III.

Affirmative defense(s):

            Further answering, plaintiff is not entitled to possession of the premises because:

The grounds set out for eviction do not violate my lease.

I have made payment of all rent due.

I have tendered rent timely according to the custom for payment of rent established between the parties.

The amount of rent claimed by the plaintiff is not actually due, in that ___________________________

  The notice to vacate has been vitiated by the plaintiff's acceptance of rent after the Notice to Vacate.

The Notice to Vacate and/or Rule for Possession are too vague for defendant to prepare a defense.

The Rule for Possession and the Notice to Vacate state inconsistent reasons for eviction.

Plaintiff's alleged agent or representative is not actually authorized to file or litigate this rule under LSA-R.S. 37:212-213.

Defendant has withheld rent lawfully pursuant to LSA-C.C. article 2694 in order to make repairs to the leased premises which plaintiff has failed to furnish after notice, and which are necessary to render the premises in good condition and suitable for their intended use.

I have a lease that has not ended. Defendant cannot be evicted for “no cause” before the end of his or her lease. La. Civil Code art. 1983, 2678, 2728.

The lease between the parties has been reconducted pursuant to LSA-C.C.P. article 2689 by defendant's continued possession of the premises after expiration of the lease term.

I have a bond for deed for the premises. Defendant has not been given his or her 45 day notice to cure. Thus, this eviction is barred. La. R.S. 9: 2945.

I am a co-owner of the premises and cannot be evicted by this Court.

My rental is either: □ public housing, □ subsidized housing, □ tax credit housing, or □ other federally regulated housing and termination of tenancy is governed by federal laws for these programs.

□ The housing authority is responsible for its share of the rent. I am only responsible for my share of the rent. I cannot be evicted for the housing authority’s failure to pay the rent when I have paid or offered to pay my share of the rent. 24 C.F.R. 982.310 (b).

□ The housing authority stopped payments of rent to the landlord because repairs were not made. The landlord cannot evict for this.

This Court has equitable discretion not to terminate the lease for non-payment of rent. Defendant is willing to make the landlord whole by paying the landlord the rent owed as determined by the court.

Evictions are subject to judicial control and may be denied even if a lease violation is proven. Under the circumstances of this case, this Court should exercise its equitable discretion not to terminate defendant’s lease.

In addition to any of the defenses checked above, plaintiff should be denied possession of my apartment because:

 

______________________________________________________________________________

           

WHEREFORE, defendant prays that plaintiff's rule for possession of premises be dismissed at her cost, notes that the landlord/owner cannot sue defendant for rent or damages in this Rule for Possession.

 

□ and further prays that defendant be allowed to file and litigate this cause in forma pauperis pursuant to LSA-C.C.P. articles 5181-5188.

                                                            Respectfully submitted:

                                               

________________________________

Name

________________________________

Address

________________________________

Phone

 

 

VERIFICATION

STATE OF LOUISIANA

PARISH OF _____________

 

BEFORE ME, the undersigned authority, personally came and appeared _________________________who, being by me first duly sworn, deposed; I am the defendant in the above Answer to the Rule for Possession, and that all allegations of fact made in the Answer, except those allegations expressly made on information and belief; affiant believes to be true.   

                                                                                                                        ____________________________________                                                                        Signature

 

SWORN TO AND SUBSCRIBED TO

 

this ________ day of _________, 20___

 

_____________________________________

NOTARY PUBLIC

 

Certificate of Service

I hereby certify that a copy of the above and foregoing pleading has been served upon all parties by                    □ placing in the U.S. Mail, postage prepaid and properly addressed

□ handing it to the person representing the plaintiff

this ____ day of __________, 20__.

 

                                                ___________________________________

Last Review and Update: Mar 24, 2020
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