[STATE] [COURT NAME]

[COUNTY] COUNTY

DEFENDANT'S ANSWER TO COMPLAINT

Defendant [TENANT NAME] ("Defendant"), appearing ☐ pro se ☐ through counsel, hereby answers the Complaint filed by Plaintiff [LANDLORD NAME] ("Plaintiff") as follows:

I. RESPONSE TO ALLEGATIONS

Response to Paragraph 1:

☐ Admit ☐ Deny ☐ Deny for lack of knowledge ☐ Admit in part, deny in part
[IF PARTIAL: State what you admit and what you deny]

Response to Paragraph 2:

☐ Admit ☐ Deny ☐ Deny for lack of knowledge ☐ Admit in part, deny in part
[IF PARTIAL: State what you admit and what you deny]

Response to Paragraph 3:

☐ Admit ☐ Deny ☐ Deny for lack of knowledge ☐ Admit in part, deny in part
[IF PARTIAL: State what you admit and what you deny]

Response to Paragraph 4:

☐ Admit ☐ Deny ☐ Deny for lack of knowledge ☐ Admit in part, deny in part
[IF PARTIAL: State what you admit and what you deny]

Response to Paragraph 5:

☐ Admit ☐ Deny ☐ Deny for lack of knowledge ☐ Admit in part, deny in part
[IF PARTIAL: State what you admit and what you deny]

Response to Paragraph 6:

☐ Admit ☐ Deny ☐ Deny for lack of knowledge ☐ Admit in part, deny in part
[IF PARTIAL: State what you admit and what you deny]

Response to Paragraph 7:

☐ Admit ☐ Deny ☐ Deny for lack of knowledge ☐ Admit in part, deny in part
[IF PARTIAL: State what you admit and what you deny]

Response to Paragraph 8:

☐ Admit ☐ Deny ☐ Deny for lack of knowledge ☐ Admit in part, deny in part
[IF PARTIAL: State what you admit and what you deny]

[ADD ADDITIONAL PARAGRAPHS AS NEEDED]

General Denial:

Defendant denies each and every allegation in the Complaint not specifically admitted herein.

II. AFFIRMATIVE DEFENSES

Defendant asserts the following affirmative defenses:

☐ FIRST AFFIRMATIVE DEFENSE: Defective Notice

The notice served on Defendant was defective and fails to comply with [STATE STATUTE] because:

☐ The notice period was insufficient ([NUMBER] days provided; [NUMBER] days required)
☐ The notice stated an incorrect amount
☐ The notice included improper charges (late fees, attorney fees, etc.)
☐ The notice was not properly served
☐ Other: [DESCRIBE]

Therefore, Plaintiff cannot maintain this action.

☐ SECOND AFFIRMATIVE DEFENSE: Breach of Warranty of Habitability

Plaintiff has breached the implied warranty of habitability by failing to maintain the premises in habitable condition. The following conditions exist:

1. [DESCRIBE CONDITION #1]
2. [DESCRIBE CONDITION #2]
3. [DESCRIBE CONDITION #3]

Defendant notified Plaintiff of these conditions on [DATE(S)], and Plaintiff has failed to make repairs. Defendant is entitled to rent abatement and Plaintiff's breach is a defense to this eviction.

☐ THIRD AFFIRMATIVE DEFENSE: Retaliation

This eviction is brought in retaliation for Defendant's exercise of legal rights. Within [NUMBER] months before this action:

☐ On [DATE], Defendant complained to Plaintiff about [CONDITION]
☐ On [DATE], Defendant reported code violations to [AGENCY]
☐ On [DATE], Defendant [DESCRIBE OTHER PROTECTED ACTIVITY]

Under [STATE STATUTE], eviction within [TIMEFRAME] of protected activity creates a presumption of retaliation.

☐ FOURTH AFFIRMATIVE DEFENSE: Discrimination

This eviction violates the Fair Housing Act (42 U.S.C. § 3601 et seq.) and [STATE/LOCAL] fair housing laws because it is based on Defendant's:

☐ Race ☐ Color ☐ National Origin ☐ Religion
☐ Sex ☐ Familial Status ☐ Disability
☐ Other protected class: [DESCRIBE]

[DESCRIBE BASIS FOR CLAIM]

☐ FIFTH AFFIRMATIVE DEFENSE: Payment/Cure

☐ Defendant has paid all rent due.
☐ Defendant tendered payment within the notice period.
☐ Defendant cured the violation within the notice period.

☐ SIXTH AFFIRMATIVE DEFENSE: Waiver/Acceptance of Rent

Plaintiff waived the right to proceed with this eviction by accepting rent after serving the notice:

Under [STATE] law, acceptance of rent after notice waives the notice and reinstates the tenancy.

☐ SEVENTH AFFIRMATIVE DEFENSE: Estoppel

Plaintiff is estopped from evicting Defendant because:

[DESCRIBE - e.g., "Plaintiff agreed to accept late payment," "Plaintiff promised to extend time to cure," etc.]

Defendant relied on Plaintiff's representations to Defendant's detriment.

☐ EIGHTH AFFIRMATIVE DEFENSE: Laches

Plaintiff unreasonably delayed in bringing this action, and Defendant has been prejudiced by the delay.

[DESCRIBE DELAY AND PREJUDICE]

☐ NINTH AFFIRMATIVE DEFENSE: Failure to Mitigate

Plaintiff has failed to mitigate damages by [DESCRIBE - e.g., "refusing to re-rent the premises," "rejecting reasonable payment arrangements"].

☐ TENTH AFFIRMATIVE DEFENSE: COVID-19/Emergency Protections

☐ Defendant is protected under [FEDERAL/STATE/LOCAL] COVID-19 eviction protections
☐ Defendant has applied for rental assistance through [PROGRAM]
☐ Application pending since [DATE]
☐ Other emergency protections apply: [DESCRIBE]

☐ ELEVENTH AFFIRMATIVE DEFENSE: Just Cause Requirement

Under [ORDINANCE/STATUTE], Plaintiff must have "just cause" to evict. Plaintiff has failed to establish just cause because:

[DESCRIBE WHY JUST CAUSE IS NOT PRESENT]

☐ TWELFTH AFFIRMATIVE DEFENSE: Procedural Defects

Plaintiff failed to comply with required procedures:

☐ Failed to provide required disclosures
☐ Failed to file required notices with [AGENCY]
☐ Failed to offer relocation assistance
☐ Other: [DESCRIBE]

☐ ADDITIONAL AFFIRMATIVE DEFENSES:

[DESCRIBE ANY OTHER DEFENSES]

III. COUNTERCLAIMS

☐ Defendant asserts the following counterclaims against Plaintiff:

☐ FIRST COUNTERCLAIM: Return of Security Deposit

1. Defendant paid a security deposit of $[AMOUNT] on [DATE].
2. Defendant is entitled to return of the security deposit because [DESCRIBE].
3. Plaintiff has failed to return the deposit or provide proper itemization.

Damages Sought: $[AMOUNT] plus statutory penalties under [STATE STATUTE].

☐ SECOND COUNTERCLAIM: Breach of Warranty of Habitability

1. Plaintiff breached the implied warranty of habitability.
2. The following conditions substantially impaired habitability: [DESCRIBE]
3. Defendant notified Plaintiff on [DATE(S)] and Plaintiff failed to repair.

Damages Sought: Rent abatement of $[AMOUNT] representing diminished value of premises.

☐ THIRD COUNTERCLAIM: Retaliation

1. Defendant engaged in protected activity on [DATE]: [DESCRIBE]
2. Plaintiff retaliated by [DESCRIBE]
3. Defendant has suffered damages including [DESCRIBE]

Damages Sought: Actual damages plus statutory penalties under [STATE STATUTE].

☐ FOURTH COUNTERCLAIM: Fair Housing Violation

1. Plaintiff discriminated against Defendant based on [PROTECTED CLASS]
2. [DESCRIBE DISCRIMINATORY CONDUCT]
3. Defendant has suffered damages including [DESCRIBE]

Damages Sought: Compensatory and punitive damages under the Fair Housing Act.

IV. JURY DEMAND

☐ Defendant demands a trial by jury on all issues so triable.

☐ Defendant waives jury trial.

V. PRAYER FOR RELIEF

WHEREFORE, Defendant requests that this Court:

1. DENY Plaintiff's Complaint in its entirety;

2. DISMISS this action ☐ with prejudice ☐ without prejudice;

3. AWARD Defendant rent abatement in the amount of $[AMOUNT];

4. AWARD Defendant the return of the security deposit plus penalties;

5. AWARD Defendant damages on counterclaims in the amount of $[AMOUNT];

6. AWARD Defendant costs of suit and attorney's fees (if permitted);

7. GRANT such other and further relief as the Court deems just and proper.

VI. VERIFICATION

I, [TENANT NAME], am the Defendant in the above-entitled action. I have read the foregoing Answer and know the contents thereof. The facts stated therein are true of my own knowledge, except as to those matters stated on information and belief, and as to those matters, I believe them to be true.

I declare under penalty of perjury under the laws of the State of [STATE] that the foregoing is true and correct.

Executed on [DATE] at [CITY], [STATE].

VII. CERTIFICATE OF SERVICE

I hereby certify that on [DATE], I served a copy of this Answer on Plaintiff by:

☐ Personal Delivery
Delivered to: [NAME]
At: [ADDRESS]

☐ First Class Mail, Postage Prepaid
Mailed to:
[PLAINTIFF/ATTORNEY NAME]
[ADDRESS]
[CITY, STATE ZIP]

☐ Electronic Service (if permitted)
Email: [EMAIL ADDRESS]

DEFENDANT INFORMATION

☐ Self-Represented (Pro Se)

☐ Represented by:
| | |
|---|---|
| Attorney Name | [NAME] |
| Bar Number | [NUMBER] |
| Firm | [FIRM NAME] |
| Address | [ADDRESS] |
| Phone | [PHONE] |
| Email | [EMAIL] |

FILING CHECKLIST

☐ Completed all sections
☐ Responded to EVERY paragraph in the Complaint
☐ Included all applicable affirmative defenses
☐ Signed and dated
☐ Verified (if required)
☐ Made copies:
- Original for court filing
- Copy for plaintiff/plaintiff's attorney
- Copy for your records
☐ Prepared certificate of service
☐ Filing fee paid (or fee waiver filed)
☐ Filed BEFORE deadline: [DATE]
☐ Served copy on plaintiff

IMPORTANT NEXT STEPS:

1. File with the Court - Take original to clerk; get file-stamped copy
2. Serve Plaintiff - Complete certificate of service
3. Calendar all dates - Hearing, trial, discovery deadlines
4. Prepare for trial - Gather evidence, identify witnesses
5. Attend all hearings - Missing a hearing may result in default

RESOURCES:

• Legal Aid: [LOCAL ORGANIZATION AND PHONE]
• Court Self-Help Center: [LOCATION/PHONE]
• Tenant Hotline: [PHONE]
• Bar Association Referral: [PHONE]

This Answer template is for informational purposes only. Court procedures, forms, and requirements vary significantly by jurisdiction. Many courts have mandatory forms that MUST be used. Filing deadlines are strict - a late filing may result in default judgment against you. CONSULT A LICENSED ATTORNEY OR LEGAL AID ORGANIZATION IMMEDIATELY.