Tenant's Verified Answer to Rule for Possession (with Affirmative Defenses) — Louisiana

TENANT'S VERIFIED ANSWER TO RULE FOR POSSESSION — LOUISIANA

TABLE OF CONTENTS

1. Caption
2. Introductory Statement
3. Responses to Numbered Paragraphs
4. Affirmative Defenses
5. Reconventional Demand (Counterclaims) — Optional
6. Reservation of Rights
7. Prayer for Relief
8. Verification
9. Signature Block
10. Certificate of Service
11. Louisiana Practice Notes for Tenant Counsel
12. Sources and References

1. CAPTION

STATE OF LOUISIANA

[NAME OF COURT — e.g., FIRST CITY COURT FOR THE PARISH OF ORLEANS / [CITY] CITY COURT / JUSTICE OF THE PEACE COURT, WARD ____, [PARISH] PARISH / [JUDICIAL DISTRICT COURT, [PARISH] PARISH]

DOCKET NO. [________________________________]

SECTION / DIVISION [____]

TENANT'S VERIFIED ANSWER, AFFIRMATIVE DEFENSES, AND RECONVENTIONAL DEMAND TO RULE FOR POSSESSION

(LSA-C.C.P. arts. 4732, 4735; arts. 1003, 1005)

2. INTRODUCTORY STATEMENT

NOW INTO COURT, through undersigned counsel [OR: in proper person], comes [DEFENDANT / TENANT NAME] ("Defendant" or "Tenant"), who, in answer to the Rule for Possession filed by Plaintiff, respectfully avers as follows:

This Answer is filed UNDER OATH for the express purpose of preserving Tenant's right to a suspensive appeal under LSA-C.C.P. art. 4735, asserting affirmative defenses entitling Tenant to retain possession of the leased premises.

3. RESPONSES TO NUMBERED PARAGRAPHS

3.1. Paragraph 1 (Parties — Plaintiff). [Admitted / Denied / Lack of sufficient information].

3.2. Paragraph 2 (Parties — Defendant). [Admitted as to identity and occupancy; denied insofar as . . .].

3.3. Paragraph 3 (Premises). [Admitted as to address and parish.]

3.4. Paragraph 4 (Lease). [Admitted that a lease exists; specific terms denied as alleged. The true terms of the Lease are reflected in Exhibit A attached hereto.] [OR: Denied — the lease is oral / no enforceable lease exists.]

3.5. Paragraph 5 (Default — Nonpayment). [DENIED. Tenant has paid all rent due, OR has tendered partial payment which Plaintiff refused, OR is entitled to abatement under LSA-C.C. arts. 2696, 2715 due to vices and defects detailed in Section 4 below.]

3.6. Paragraph 6 (Notice to Vacate). [DENIED. The notice was defective in that . . .].

3.7. Paragraph 7 (Refusal to Vacate). [Admitted that Tenant remains in possession; denied that the eviction is lawful for the reasons set forth in the affirmative defenses below.]

3.8. All other allegations not specifically admitted are DENIED.

4. AFFIRMATIVE DEFENSES

Pursuant to LSA-C.C.P. art. 1005, Tenant pleads the following affirmative defenses, each of which is independently sufficient to defeat the Rule for Possession or to entitle Tenant to retain possession:

4.1. FIRST AFFIRMATIVE DEFENSE — Defective Notice (LSA-C.C.P. art. 4701)

The 5-day Notice to Vacate is defective and a complete bar to this Rule because:

☐ The Notice was served fewer than 5 days before this Rule was filed (counted exclusive of holidays per LSA-C.C.P. art. 5059);

☐ The Notice was served on a person who is not the named lessee and not a person of suitable age and discretion residing at the Premises (art. 4703);

☐ The Notice misidentifies the lessee, the Premises, or the lease;

☐ The Notice demands an amount not actually due under the Lease;

☐ The Notice was not served at all, or no proof of service was filed;

☐ The Notice was waived by Lessor's subsequent acceptance of rent without express written reservation;

☐ Other: [DESCRIBE].

Louisiana appellate courts strictly construe LSA-C.C.P. art. 4701 against the lessor. McCoy v. Robbins, 654 So. 2d 877 (La. App. 2 Cir. 1995).

4.2. SECOND AFFIRMATIVE DEFENSE — Lessor's Breach of Warranty Against Vices and Defects (LSA-C.C. art. 2696, art. 2697; art. 2715)

The Lessor warranted, both expressly and by operation of LSA-C.C. arts. 2696 and 2697, that the Premises is suitable for residential purposes and free from vices or defects preventing such use. The Premises is afflicted with the following vices and defects:

[DESCRIBE WITH DATES, LOCATIONS, AND IMPACT — e.g., "(a) Persistent water intrusion through the [LOCATION] ceiling, present from [DATE]; (b) Mold contamination in [BEDROOM]; (c) Inoperative HVAC since [DATE]; (d) Pest infestation; (e) Inoperative plumbing fixtures; (f) Lack of hot water; (g) Code violations cited by [PARISH/CITY] inspector on [DATE]."]

Tenant gave Lessor written notice of these defects on [__/__/____] (Exhibit [____]), and despite reasonable opportunity, Lessor has failed to repair (LSA-C.C. art. 2691; art. 2693).

Pursuant to LSA-C.C. art. 2715, Tenant is entitled to:

• DISSOLUTION of the lease (and corresponding bar to lessor's eviction for nonpayment); OR
• REDUCTION (abatement) of rent for the period of impaired use; OR
• DAMAGES, all in amounts to be proven at trial.

This abatement defense was expressly recognized in NOLA East, LLC v. Sims, 2017-CA-0631 (La. App. 4 Cir. 12/27/17), where the court held that a tenant must be permitted to argue habitability abatement at trial of the eviction.

4.3. THIRD AFFIRMATIVE DEFENSE — Payment / Tender / Refusal

Tenant has paid or tendered all rent due. Specifically:

☐ Tenant tendered $[____] on [__/__/____] by [METHOD], which Lessor refused/rejected;

☐ Tenant paid all rent in full as evidenced by Exhibit [____];

☐ Tenant's rent obligation is offset by the abatement amount of $[____] for periods of impaired use;

☐ Lessor wrongfully refused tender, thereby putting himself in default (LSA-C.C. art. 1942 — putting the obligor in mora).

4.4. FOURTH AFFIRMATIVE DEFENSE — Retaliation / Abuse of Right

This eviction is a retaliatory response to Tenant's good-faith assertion of legal rights, in particular:

[DESCRIBE — e.g., "Tenant filed a habitability complaint with the [CITY/PARISH] code-enforcement office on [DATE]; reported lead-based paint hazards to [AGENCY]; complained in writing to Lessor about [CONDITION]; joined a tenant association; asserted fair-housing rights."]

Such retaliatory eviction is barred under Louisiana's "abuse of right" doctrine, recognized as a defense to eviction; under federal anti-retaliation provisions (42 U.S.C. § 3617 — Fair Housing Act); and, for premises in New Orleans, under the Healthy Homes Ordinance's six-month anti-retaliation presumption (NOLA Code ch. 26).

4.5. FIFTH AFFIRMATIVE DEFENSE — Discrimination (LSA-R.S. § 51:2606; 42 U.S.C. § 3604)

Plaintiff's eviction is motivated, in whole or in part, by Tenant's protected characteristic, namely [RACE / COLOR / RELIGION / SEX (INCLUDING SEXUAL ORIENTATION/GENDER IDENTITY) / FAMILIAL STATUS / NATIONAL ORIGIN / MILITARY STATUS / DISABILITY / NATURAL/PROTECTIVE/CULTURAL HAIRSTYLE / SOURCE OF INCOME (where applicable by ordinance)]. Such eviction is unlawful under the Louisiana Equal Housing Opportunity Act, LSA-R.S. § 51:2601 et seq., and the federal Fair Housing Act, 42 U.S.C. §§ 3604 and 3617.

Disability-discrimination defenses include Plaintiff's failure to grant a reasonable accommodation requested by Tenant on [__/__/____] (Exhibit [____]).

4.6. SIXTH AFFIRMATIVE DEFENSE — Self-Help / Wrongful Eviction Predicate

Plaintiff has engaged in unlawful self-help dispossession measures, including: [lockout / utility shutoff / removal of Tenant's belongings / harassment / threats] on [__/__/____]. Such conduct is barred under Louisiana law and supports Tenant's claim of wrongful eviction (see Pylant v. Spencer, 92-2655 (La. App. 1 Cir. 5/5/95)). Plaintiff cannot benefit from his own wrongful conduct in this action.

4.7. SEVENTH AFFIRMATIVE DEFENSE — Servicemembers Civil Relief Act (50 U.S.C. § 3951)

Tenant is an active-duty servicemember (or a dependent of an active-duty servicemember) within the meaning of 50 U.S.C. § 3911, and the monthly rent does not exceed the SCRA threshold (currently $9,812.66 for 2026, indexed annually). Tenant respectfully requests a stay of these proceedings for not less than 90 days under 50 U.S.C. § 3951(b). A copy of Tenant's military orders is attached as Exhibit [____].

4.8. EIGHTH AFFIRMATIVE DEFENSE — VAWA Housing Protections (34 U.S.C. § 12491)

Tenant is a survivor of [domestic violence / dating violence / sexual assault / stalking] within the meaning of the Violence Against Women Act. The premises is covered housing (Section 8 / public housing / LIHTC / HOME / project-based / etc.), and the eviction is based on circumstances arising from such violence committed against Tenant. A self-certification (HUD Form 5382) is filed under seal.

4.9. NINTH AFFIRMATIVE DEFENSE — Federal Disaster Protection (LSA-C.C.P. art. 4731)

[Parish] Parish is currently subject to a federally declared disaster (FEMA Declaration [____], issued [__/__/____]). Plaintiff is barred from claiming abandonment based on Tenant's evacuation/displacement for 30 days following the declaration, and Tenant's right to seek injunctive relief is preserved without security under LSA-C.C.P. art. 4731.

4.10. TENTH AFFIRMATIVE DEFENSE — Bankruptcy Automatic Stay (11 U.S.C. § 362)

On [__/__/____], Tenant filed a petition for relief under Chapter [7 / 13] of the U.S. Bankruptcy Code in the U.S. Bankruptcy Court for the [Eastern / Middle / Western] District of Louisiana, Case No. [____]. The automatic stay of 11 U.S.C. § 362 enjoins continuation of this Rule for Possession (subject to § 362(b)(22) where applicable).

4.11. ELEVENTH AFFIRMATIVE DEFENSE — Subsidized-Housing Good Cause / Procedural Failure

The Premises is subject to [Section 8 HCV / public housing / project-based subsidy / LIHTC], which requires "good cause" for termination and a [10 / 14 / 30]-day pre-termination notice in compliance with [24 C.F.R. § 982.310 / 24 C.F.R. § 247.4 / HUD Handbook 4350.3]. Plaintiff has failed to comply, rendering termination procedurally invalid.

4.12. TWELFTH AFFIRMATIVE DEFENSE — Acceptance of Rent / Waiver

Plaintiff accepted rent in the amount of $[____] on [__/__/____], AFTER service of the Notice to Vacate, without express written reservation of rights. Such acceptance waives the Notice and the asserted default.

4.13. THIRTEENTH AFFIRMATIVE DEFENSE — Improper Forum / Lack of Jurisdiction

This Court lacks subject-matter or amount-in-controversy jurisdiction because [DESCRIBE]. Venue is improper because [DESCRIBE].

4.14. FOURTEENTH AFFIRMATIVE DEFENSE — Healthy Homes Non-Registration (Orleans Parish Only)

The Premises is in New Orleans, but Plaintiff has failed to register under the Healthy Homes Ordinance (NOLA Code ch. 26) or has failed to maintain Minimum Rental Standards. Eviction is barred until compliance is achieved and verified.

4.15. FIFTEENTH AFFIRMATIVE DEFENSE — Reservation

Tenant reserves the right to assert additional defenses, including those arising from discovery, code-enforcement records, or further investigation.

5. RECONVENTIONAL DEMAND (COUNTERCLAIMS) — OPTIONAL

5.1. Tenant adopts and incorporates Sections 1–4 as if fully set forth.

5.2. Count I — Breach of Warranty Against Vices and Defects (LSA-C.C. arts. 2696, 2697, 2715). Tenant seeks rent abatement of $[____] for the period of impaired use, plus damages for personal property loss and inconvenience.

5.3. Count II — Wrongful Eviction (Self-Help) (LSA-C.C. art. 2693; Pylant v. Spencer). Tenant seeks compensatory and consequential damages of $[____] for Plaintiff's lockout/utility-shutoff actions.

5.4. Count III — Security Deposit (LSA-R.S. §§ 9:3251, 9:3252). If lease has terminated, Tenant seeks return of $[____] security deposit plus statutory damages of $300 or twice the wrongfully retained amount, whichever is greater, plus costs and attorney's fees.

5.5. Count IV — Louisiana Unfair Trade Practices Act (LSA-R.S. § 51:1401 et seq. — LUTPA). Plaintiff's pattern of conduct (false billing, harassment, retaliation) constitutes unfair and deceptive trade practices, supporting actual damages, treble damages on willful continuation after notice (§ 51:1409), and reasonable attorney's fees. [NOTE: LUTPA's residential-tenant applicability is fact-specific; verify availability with counsel.]

5.6. Count V — Fair Housing Damages. If discrimination or retaliation is proved, Tenant seeks compensatory and punitive damages, plus reasonable attorney's fees, under LSA-R.S. § 51:2613 and 42 U.S.C. § 3613.

6. RESERVATION OF RIGHTS

6.1. Tenant does not waive any defenses available under federal law, Louisiana law, the Lease, or due process.

6.2. Tenant reserves the right to amend this Answer and to add or remove affirmative defenses or claims as facts develop.

6.3. Tenant reserves the right to seek injunctive relief, including a temporary restraining order against eviction execution.

6.4. Tenant reserves the right to a SUSPENSIVE APPEAL under LSA-C.C.P. art. 4735 in the event of an adverse judgment, and intends to file an appeal bond within 24 hours of any such judgment.

7. PRAYER FOR RELIEF

WHEREFORE, Defendant [TENANT NAME] prays:

A. That the Rule for Possession be DISMISSED with prejudice;

B. That, in the alternative, judgment be rendered in favor of Tenant on each of the affirmative defenses pleaded;

C. That, on the Reconventional Demand (if pursued), judgment be rendered against Plaintiff for damages, abatement, statutory penalties, and attorney's fees as proven;

D. That Plaintiff be enjoined from any further self-help dispossession;

E. That all costs of these proceedings be taxed against Plaintiff;

F. That, in the event of an adverse eviction judgment, the Court FIX a reasonable suspensive-appeal bond and PERMIT Tenant 24 hours from rendition of judgment to post such bond, all rights of suspensive appeal under LSA-C.C.P. art. 4735 being expressly reserved;

G. For such other, further, general, and equitable relief as Louisiana law and the equities of this case require.

8. VERIFICATION

STATE OF LOUISIANA

PARISH OF [____]

BEFORE ME, the undersigned Notary, personally came and appeared [TENANT NAME], who, being first duly sworn, deposed and stated:

1. I am the Defendant in the foregoing Rule for Possession;

2. I have read the foregoing Answer, Affirmative Defenses, [and Reconventional Demand], and know the contents thereof;

3. The factual allegations contained therein, including each affirmative defense, are true and correct to the best of my personal knowledge, information, and belief;

4. I make this Verification expressly to comply with LSA-C.C.P. art. 4735 and to preserve my right to a suspensive appeal in the event of an adverse judgment.

[________________________________]

[TENANT NAME]

Sworn to and subscribed before me this [____] day of [_______________], 20[____].

[________________________________]

Notary Public, State of Louisiana

Bar/Notary No.: [____]

(Commission Expires: [_______________])

9. SIGNATURE BLOCK

Respectfully submitted,

[LAW FIRM NAME] [OR: Defendant in Proper Person]

By: [________________________________]

[ATTORNEY NAME], La. Bar Roll No. [####]

Counsel for Defendant/Tenant

[STREET ADDRESS]

[CITY, LA, ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

If filing in proper person:

[TENANT NAME]

[ADDRESS]

Telephone: [NUMBER]

Email: [EMAIL]

10. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing TENANT'S VERIFIED ANSWER, AFFIRMATIVE DEFENSES, [AND RECONVENTIONAL DEMAND] has been served on counsel for Plaintiff (or on Plaintiff if unrepresented) by [hand delivery / first-class U.S. mail / electronic mail (where authorized) / facsimile], this [____] day of [_______________], 20[____].

[________________________________]

[ATTORNEY NAME / TENANT IN PROPER PERSON]

11. LOUISIANA PRACTICE NOTES FOR TENANT COUNSEL

• 24-hour appeal trap. The single most common failure in Louisiana eviction defense is missing the 24-hour suspensive-appeal window. Have the appeal bond ready BEFORE trial. Confirm with the clerk the form and amount of bond accepted (often equal to one to three months' rent plus costs).
• Verified Answer required for suspensive appeal. A non-verified answer (or a tenant who answers orally at trial) loses the right to suspensive appeal. ALWAYS file a verified answer in writing BEFORE the return-day trial.
• Plead affirmative defenses with specificity. Cooper v. Cooper, 619 So. 2d 1210 (La. App. 1 Cir. 1993), and progeny require pleaded facts, not conclusions.
• NOLA East abatement defense. NOLA East, LLC v. Sims, 2017-CA-0631 (La. App. 4 Cir. 12/27/17) — the Fourth Circuit held that a tenant has the right to argue habitability abatement at the eviction trial. Cite this case directly.
• Self-help is a tort. Pylant v. Spencer and progeny — lockouts, utility shutoffs, and removal of belongings without judicial process give rise to wrongful-eviction tort claims. Plead and document.
• Strict construction of notice. Louisiana courts strictly construe LSA-C.C.P. art. 4701 against the lessor. Examine the notice for: short period, wrong tenant name, wrong premises description, defective service, miscalculated rent, lack of express waiver where waiver is asserted.
• Computation of time. Per LSA-C.C.P. art. 5059, weekends and legal holidays at the END of a period extend the period to the next business day; intervening weekends/holidays are NOT excluded for periods longer than 7 days. The 5-day notice period under art. 4701 has been construed by some courts to exclude weekends/holidays — verify with the local court.
• Waiver by acceptance of rent. A rent payment accepted after service of notice (without express written reservation) waives the default for that period. Always inquire about post-notice payments.
• Reconventional demand venue. Some Justice of the Peace and City Courts have limited jurisdiction over reconventional demands. Counsel may need to bring damages claims in District Court.
• New Orleans Right to Counsel. SLLS provides free representation; refer Orleans Parish tenants immediately. Statewide, contact Louisiana Civil Justice Center, Acadiana Legal Service Corp., or Legal Services of North Louisiana.
• Bankruptcy exception. 11 U.S.C. § 362(b)(22) allows continuation of an eviction where lessor obtained a pre-petition judgment for possession; tenant may certify rent payment under § 362(l) to extend the stay 30 days. Counsel should consider strategic timing.
• SCRA stay. A 90-day stay is mandatory on tenant's request if SCRA conditions met; longer stays in court's discretion.
• VAWA HUD Form 5382 and 5380. Self-certification preserves protections; may be filed under seal.

12. SOURCES AND REFERENCES

• LSA-C.C.P. arts. 4701–4735 (Eviction) — https://legis.la.gov/Legis/Law.aspx?d=112078
• LSA-C.C.P. art. 1003 (Answer requirements)
• LSA-C.C.P. art. 1005 (Affirmative defenses)
• LSA-C.C.P. art. 5059 (Computation of time)
• LSA-C.C. art. 2668 et seq. (Lease) — https://lcco.law.lsu.edu/?uid=104&ver=en
• LSA-C.C. art. 2696 (Warranty against vices) — https://codes.findlaw.com/la/civil-code/la-civ-code-tit-ix-art-2696.html
• LSA-C.C. art. 2715 (Tenant's right to demand reduction or dissolution)
• LSA-R.S. § 9:3251 — Lessee's Deposit Act — https://www.legis.la.gov/Legis/Law.aspx?d=107468
• LSA-R.S. § 51:1401 et seq. (LUTPA)
• LSA-R.S. § 51:2601 et seq. (Louisiana Equal Housing Opportunity Act)
• New Orleans Code Chapter 26 — Healthy Homes — https://library.municode.com/la/new_orleans/codes/code_of_ordinances
• NOLA East, LLC v. Sims, 2017-CA-0631 (La. App. 4 Cir. 12/27/17) (habitability abatement defense)
• Pylant v. Spencer, 92-2655 (La. App. 1 Cir. 5/5/95) (self-help wrongful)
• McCoy v. Robbins, 654 So. 2d 877 (La. App. 2 Cir. 1995) (strict construction of notice)
• 50 U.S.C. § 3951 — SCRA stay of eviction
• 42 U.S.C. § 3601 et seq. — federal Fair Housing Act
• 34 U.S.C. § 12491 — VAWA housing protections
• 11 U.S.C. § 362 — Bankruptcy automatic stay
• 24 C.F.R. § 247.4 — Subsidized housing termination
• 24 C.F.R. § 982.310 — HCV good cause
• Mark Moreau, Louisiana Landlord–Tenant Law (Loyola Pro Bono Desk Manual) — https://probonodeskmanual.loyno.edu/louisiana-landlord-tenant-law
• Louisiana Law Help — Responding to an Eviction Notice — https://louisianalawhelp.org/resource/answer-to-eviction
• Southeast Louisiana Legal Services — https://slls.org (504-529-1000 ext. 223)
• Louisiana Civil Justice Center — https://laciviljustice.org (1-800-310-7029)

Disclaimer: This template is for informational purposes only and is not legal advice. Louisiana eviction proceedings move at extraordinary speed (3-day return; 24-hour appeal). Tenants should consult a Louisiana-licensed attorney IMMEDIATELY. The verified-answer requirement of LSA-C.C.P. art. 4735 is jurisdictional for suspensive appeal. Verify all citations on legis.la.gov before filing.