Defenses To Stop Or Delay An Eviction

Using improper notice as a procedural defense can be an effective way to challenge an eviction if there are legitimate issues with how the eviction notice was handled. In Louisiana, the law requires landlords to provide tenants with proper notice before proceeding with an eviction. Using improper notice as a procedural defense to eviction essentially argues that the eviction process should be halted or invalidated due to the landlord's failure to adhere to these statutory notice requirements. 

Here are the key elements of proper notice in Louisiana: 

1. Type of Tenancy and Reason for Eviction: The required notice period varies depending on the type of tenancy and the reason for eviction. For instance, evicting a tenant for non-payment of rent may have different notice requirements compared to evicting a tenant for violating other terms of the lease or for no cause (e.g., in a month-to-month tenancy where either party may terminate the agreement with proper notice).

2. Method of Delivery: Louisiana law also specifies how notice should be delivered to the tenant. Typically, this could include personal delivery, delivery on the premises with a witness, or sending the notice via certified mail.

3. Content of Notice: The notice must clearly state the reason for eviction and must typically provide the tenant with an opportunity to remedy the issue (if applicable, such as in cases of unpaid rent) within a specified time frame.

Using Improper Notice as a Defense 

If a landlord fails to provide notice in the manner required by law, the tenant may have a valid defense against the eviction. This could involve demonstrating that:

• The notice was not provided in the correct time frame (e.g., too short of a notice period).
• The notice was not delivered properly (e.g., it was left with an unauthorized person, or sent via an unapproved method).
• The notice failed to specify the reason for eviction or did not include required details allowing the tenant a chance to cure the breach.

There are certain steps and paperwork the landlord must complete to legally evict someone. If any of these steps are missed or not properly executed, a tenant can raise a "defective eviction procedure" defense. This defense can argue that because the landlord did not follow statutory procedures the eviction should be paused or stopped.

You can learn about the Louisiana eviction process which typically involves several crucial steps that a landlord must follow by clicking here. 

Here are some common grounds for this defense: 

1. Improper Notice: The notice was not written, did not include all necessary information, or was not served correctly. 
2. Lack of Proper Service: The tenant was not properly served with the court summons or the eviction suit. 
3. Insufficient Evidence at Hearing: The landlord failed to prove the grounds for eviction as required by law during the court hearing. 

Legally, you need to be formally told about the eviction through a process called "service." If a tenant claims they were not properly served with eviction papers, this can form a strong procedural defense against the eviction. In Louisiana, the law requires that eviction notices must be served in a specific manner. This typically involves personal delivery to the tenant or posting the notice in a conspicuous place at the rental property if personal delivery is not possible. Additionally, the notice might be mailed. 

To use improper service as a defense, the tenant must challenge the service method at the earliest opportunity, typically at the first hearing in the eviction process. The tenant must convincingly demonstrate the failure to follow the legal procedures for service. 

You can learn about the Louisiana eviction process and the necessary and proper steps including service by the landlord by clicking here. 

This is like the, "I Paid" defense, which is a valid and substantive defense that involves proving you have fulfilled your rental payment obligations, even if the landlord claims otherwise. 

Here's how you can use this defense effectively in an eviction proceeding: 

1. Documentation of Payment
   • Receipts and Bank Statements: Always keep receipts or bank statements as proof of payment. These documents should clearly show the date and amount paid. If you paid via check, the bank statement showing the check cleared is crucial. For electronic payments, print out or save digital records of transactions.
   • Communication Records: If you have any emails, texts, or written correspondence regarding payment arrangements or confirmations, these should be included as part of your evidence.
2. Attempted Payment and Refusal
   • Witness Testimony: If you tried to pay your rent and the landlord refused to accept it, having a witness can strengthen your defense. Ensure the witness is credible and can clearly articulate what they observed during the transaction attempt.
   • Record of Attempt: Provide any evidence of your attempt to pay, such as a written notice to the landlord offering payment or emails and texts that show you attempted to communicate about paying rent.
3. Legal Justifications for Refusal
   • Sometimes, a landlord may legally refuse a rent payment, such as if the lease has already been legally terminated or if prior legal notices regarding lease violations were given. Be prepared to show that none of these conditions apply to your situation.
4. Procedural Requirements
   • Proper Notification: Louisiana law requires landlords to provide a 5-day notice to vacate for non-payment of rent before proceeding with an eviction. Ensure that you were given proper and timely notice, and use the lack of such notice as part of your defense if applicable.

In Louisiana, tenants have the right to a habitable living environment, which means the rental property must be maintained in a condition fit for living. If a landlord fails to address significant issues such as heating problems in winter, leaks, or mold, the tenant may have grounds to claim a violation of habitability as a substantive defense to eviction.

Here are some key points for using habitability as a defense: 

1. Documentation of Problems: It's critical to have documented evidence of the issues in the rental unit. This includes taking photos of the problems and keeping copies of any communications with the landlord requesting repairs.

2. Repair and Deduct Procedure: In Louisiana, if a landlord fails to make necessary repairs, a tenant might be able to make the repairs themselves and deduct the costs from their rent. Learn about the repair and deduct process by clicking here. However, this process must be followed carefully:

   • Notification: The tenant must notify the landlord of the issue in writing and give them a reasonable opportunity to make the repairs.
   • Emergency Situations: In cases where immediate action is necessary (e.g., no heating in winter), and the landlord still fails to respond, the tenant may proceed more quickly.
   • Reasonable Costs: The repairs must be necessary for habitability and the cost must be reasonable. Tenants should obtain receipts and ideally get multiple estimates for the repairs to prove that the costs were justified.

3. Legal Grounds: Under Louisiana law, if a landlord fails to provide a habitable environment, this non-compliance can be used as a defense against eviction. The tenant can argue that the landlord's failure to maintain the property constitutes a breach of the lease.

4. Court Proceedings: When using habitability as a defense in an eviction proceeding, the tenant should present all collected evidence (photos, receipts, communications) to the court to demonstrate that the deduction from the rent was justified due to the landlord's failure to maintain the property.

In Louisiana, a tenant can use the defense of "no lease violation" to contest an eviction. By clearly demonstrating that you have not breached any terms of the lease and supporting your claim with solid evidence, you may defend yourself against an eviction.

Here's how you might effectively use this defense: 

1. Review the Lease Agreement: The first step is to thoroughly review your lease agreement. You need to understand exactly what obligations you have according to the document. This includes restrictions on behavior, payments, use of property, etc. In your defense, you will need to clearly demonstrate how your actions did not violate these terms.

2. Gather Evidence: Collect any evidence that supports your claim that you did not violate the lease. This could include:

   • Communication Records: Emails, texts, or letters between you and the landlord that may clarify misunderstandings or confirm agreements outside of the written lease.
   • Witness Statements: If other people can testify that you did not engage in the alleged lease-breaking behavior, their statements could be crucial. This might include neighbors, visitors, or even service personnel.
   • Photographs or Videos: Visual evidence can also be helpful to show the condition of the property or to document relevant aspects of your use of the property that comply with the lease terms.

3. Prepare Your Argument: Using the lease and your collected evidence, prepare a clear argument. Point out the specific lease clauses that the landlord claims you've violated and directly refute each claim with your evidence. 

Tenants who believe they are facing eviction due to discriminatory reasons can use this as a substantive defense. Discrimination in housing based on race, color, national origin, religion, sex, familial status, or disability is prohibited under the federal Fair Housing Act. 

Here’s how you might use discrimination as a defense against eviction:

1. Identify the Basis of Discrimination: First, determine on what basis you believe discrimination is occurring. It must be one of the protected classes under the Fair Housing Act or additional classes protected by state or local laws.

2. Collect Evidence: Gather any evidence that supports your claim of discrimination. This can include:

   • Written or Recorded Statements: Emails, texts, voicemails, or other communications from the landlord that indicate discriminatory motives.
   • Witness Testimony: Statements from neighbors or other tenants who have observed discriminatory behavior or who have been treated differently under similar circumstances.
   • Comparative Evidence: Information showing that the landlord has treated you differently compared to tenants not in your protected class under similar circumstances.

3. Document the Eviction Process: Keep detailed records of all interactions and notices from the landlord. Note any irregularities in the eviction procedure that might suggest a discriminatory motive, such as skipping steps legally required in the eviction process.

4. File a Complaint: You may also consider filing a discrimination complaint with the U.S. Department of Housing and Urban Development (HUD). This can initiate an investigation into your claims, which might aid your defense in court. Learn more about housing discrimination with HUD by clicking here. 

5. Prepare for Court: If your eviction case goes to court, prepare to present your evidence to demonstrate the discriminatory basis of the eviction attempt. This includes bringing witnesses, presenting communications, and providing comparative data.

In Louisiana, tenants are protected from retaliatory evictions. This means that if a tenant exercises a legal right or reports a legitimate concern, the landlord cannot evict them as a form of retaliation. 

Here's how to use retaliation as a substantive defense against eviction: 

1. Identify Protected Activities: First, identify the protected activities you engaged in before receiving the eviction notice. This could include:

   • Complaining to the landlord about unsafe or unhealthy living conditions.
   • Filing a complaint with a health or building inspector or any other government agency.

2. Timeline of Events: Prepare a clear timeline of events that shows when you engaged in the protected activity and when you received the eviction notice. This is crucial to establish a link between the two events, suggesting retaliation.

3. Gather Evidence:

   • Documentation of Complaints: Save copies of any written complaints you sent to the landlord or agencies, and any responses received.
   • Communication Records: Keep all emails, text messages, letters, and notes from conversations with the landlord or their representatives regarding your complaint.
   • Witness Statements: If other tenants or neighbors can testify that they were aware of your complaints and the subsequent receipt of an eviction notice, their testimony can support your claim.

4. Present Your Defense: In court, present your evidence clearly and concisely. Show the judge the timeline of events, the evidence of your complaints, and any correspondence with your landlord. Your goal is to demonstrate that the landlord's attempt to evict you is directly linked to your protected activities.

Anti-discrimination laws prevent eviction based on race, gender, religion, or other protected characteristics. If an eviction seems to be motivated by discrimination, the tenant can argue that the action is not just unfair, but illegal. This defense leverages federal and state laws designed to protect individuals from discriminatory practices in housing.

These are legal safeguards for tenants who engage in legally protected activities, such as complaining about unsafe living conditions or asserting their rights under housing law. If a tenant faces eviction after making such complaints, they can use this defense to argue that the eviction is an unlawful retaliation, thus protected under specific statutes that shield against such retaliatory evictions.

Certain groups, such as active military personnel, individuals with disabilities, or victims of domestic violence, have additional protections under the law. These protections might extend the time allowed for paying rent, restrict the conditions under which evictions can occur, or provide other specific safeguards. In these cases, the legal defenses are tailored to the special circumstances of these groups, offering them a stronger shield against eviction.

You can learn about eviction protections under the Servicemembers Civil Relief Act (SCRA) for active military servicemembers by clicking here. 

You can learn about housing protections for domestic violence victims by clicking here. 

You can learn about reasonable accommodation for disability defenses against eviction by clicking here.