Tenant's Answer to Eviction Complaint with Affirmative Defenses - North Dakota

TENANT'S ANSWER, AFFIRMATIVE DEFENSES, AND SETOFF — NORTH DAKOTA DISTRICT COURT

TABLE OF CONTENTS

1. Caption
2. Preliminary Statement
3. Answer to Numbered Allegations
4. General Denial / Demand for Strict Proof
5. Affirmative Defenses
6. Setoff Against Accrued Rent and Damages (§ 47-32-04)
7. Federal and State Statutory Bars
8. Request for Judicial Officer / Hearing Procedures
9. Prayer for Relief
10. Verification
11. Signature and Service Block
12. Certificate of Service
13. North Dakota Practice Notes
14. Sources and References

1. CAPTION

STATE OF NORTH DAKOTA

IN DISTRICT COURT — [________________________________] JUDICIAL DISTRICT

COUNTY OF [________________________________]

CIVIL CASE NO. [________________________________]

DEFENDANT [TENANT NAME]'S ANSWER, AFFIRMATIVE DEFENSES, AND SETOFF

(N.D.C.C. ch. 47-32; N.D.R.Civ.P. 8 and 12)

2. PRELIMINARY STATEMENT

Defendant [TENANT NAME] ("Tenant" or "Defendant"), by and through ☐ counsel / ☐ pro se, files this Answer in response to Plaintiff's Complaint for Eviction. Tenant denies that Plaintiff is entitled to restitution of the Premises or any of the relief sought, and asserts the affirmative defenses set forth below.

Tenant has received the Plaintiff's Complaint and Summons and acknowledges the hearing set for [__/__/____] at [____:____] [a.m./p.m.]. Tenant respectfully requests that the Court (a) deny restitution; (b) deny accrued rent and damages; (c) recognize Tenant's setoff for habitability and security-deposit-related claims; and (d) award Tenant's costs.

3. ANSWER TO NUMBERED ALLEGATIONS

For Tenant's Answer to the specific numbered paragraphs of the Complaint, Tenant responds as follows (matching the Complaint's paragraph numbers):

3.1. Paragraph 2.1 (Plaintiff's identity and ownership): Tenant ☐ admits / ☐ denies / ☐ lacks knowledge sufficient to admit or deny.

3.2. Paragraph 2.2 (Tenant's identity and address): Tenant ☐ admits / ☐ denies. ☐ Tenant clarifies: [________________________________].

3.3. Paragraph 2.3 (Doe Defendants): Tenant ☐ admits / ☐ denies / ☐ lacks knowledge.

3.4. Paragraph 2.4–2.6 (Jurisdiction and Venue): Tenant ☐ admits / ☐ denies. ☐ Tenant disputes venue / jurisdiction on the grounds that: [________________________________].

3.5. Paragraph 3.1 (Premises description): Tenant ☐ admits / ☐ denies / ☐ admits in part: [________________________________].

3.6. Paragraph 3.2 (Existence and date of Lease): Tenant ☐ admits / ☐ denies. ☐ Tenant clarifies: [________________________________].

3.7. Paragraph 3.3 (Lease terms): Tenant ☐ admits / ☐ denies the material terms as alleged. ☐ Tenant disputes: [________________________________].

3.8. Paragraph 3.4 (Possession): Tenant ☐ admits / ☐ denies.

3.9. Paragraph 4 (Pre-Suit Notice — N.D.C.C. § 47-32-02): Tenant ☐ admits service / ☐ denies service / ☐ disputes content or sufficiency. Specifically, Tenant alleges that the Notice was DEFECTIVE for the following reason(s):

☐ Notice was not served in compliance with § 47-32-02 (improper personal service or improper post-and-mail).

☐ Notice failed to identify the lessee correctly.

☐ Notice failed to identify the premises correctly.

☐ Notice demanded amounts not authorized by the Lease or statute (e.g., bundled future rent, security-deposit replenishment, attorney fees).

☐ The three-day cure / quit period had not elapsed when this action was filed.

☐ The two sequential three-day periods under § 47-32-01(4) (default + notice) had not both elapsed.

☐ Other defect: [________________________________].

3.10. Paragraph 5 (Count I — Unlawful Detainer): Tenant ☐ admits / ☐ denies the alleged ground(s). Specifically, Tenant denies the factual allegations underlying the asserted subsection of § 47-32-01: [________________________________].

3.11. Paragraph 6 (Count II — Accrued Rent and Damages): Tenant ☐ admits / ☐ denies the amount(s) alleged. Specifically, Tenant disputes the following charges and amounts: [________________________________].

3.12. Paragraph 7 (Count III — Attorney Fees): Tenant ☐ admits / ☐ denies that the Lease authorizes attorney fees and that any fees are reasonable.

3.13. Paragraph 8 (Federal / State Compliance): Tenant ☐ admits / ☐ denies. ☐ Tenant specifically alleges that Plaintiff has NOT complied with: [________________________________].

3.14. Prayer for Relief: Tenant denies that Plaintiff is entitled to ANY of the relief sought.

4. GENERAL DENIAL / DEMAND FOR STRICT PROOF

Except for the allegations specifically admitted above, Tenant denies each and every allegation of the Complaint and demands strict proof thereof at the hearing.

5. AFFIRMATIVE DEFENSES

Tenant pleads the following affirmative defenses (Tenant identifies and reserves all that apply; Tenant reserves the right to amend upon further investigation and discovery within the limits of N.D.C.C. § 47-32-04):

5.1. FIRST DEFENSE — Defective Pre-Suit Notice (N.D.C.C. § 47-32-02)

Plaintiff's pre-suit Notice of Intention to Evict was defective in form, content, or service, and Plaintiff therefore has not satisfied the statutory condition precedent. North Dakota courts construe § 47-32-02 strictly; a defective notice is fatal. Specific defects: [________________________________].

5.2. SECOND DEFENSE — Failure to State a Claim (N.D.R.Civ.P. 12(b)(5))

The Complaint fails to state a claim upon which relief can be granted because [________________________________].

5.3. THIRD DEFENSE — Habitability / Breach of Landlord's Duty to Repair (N.D.C.C. § 47-16-13)

Plaintiff has materially breached the duty to maintain the Premises in a condition fit for human occupation under N.D.C.C. § 47-16-13. Specifically, Plaintiff has failed to remedy the following conditions despite Tenant's written / oral notice:

☐ No heat / inadequate heat
☐ No hot water / no running water
☐ Plumbing failure
☐ Electrical hazard
☐ Roof leak / water intrusion
☐ Mold / mildew
☐ Pest infestation (rats, roaches, bed bugs)
☐ Broken windows or doors / lack of secure entry
☐ Lead-paint hazard
☐ Sewer / sewage backup
☐ Other: [________________________________]

The defective conditions arose on or about [__/__/____], Tenant gave notice on [__/__/____], and Plaintiff has failed to remedy. Tenant's rent obligation is reduced or suspended to the extent of the diminished rental value. See also Hovland-line cases recognizing implied warranty of habitability under common law.

5.4. FOURTH DEFENSE — Payment / Cure / Tender

Tenant has paid all rent due / has tendered cure of any alleged lease violation. Specifically: [________________________________].

5.5. FIFTH DEFENSE — Waiver / Estoppel by Acceptance of Rent

Plaintiff accepted rent (or a partial payment) on [__/__/____], without express written reservation of rights, after the alleged breach and after service of the Notice. Such acceptance constitutes waiver of the breach.

5.6. SIXTH DEFENSE — Discrimination (N.D.C.C. ch. 14-02.5; FHA)

Plaintiff's eviction action is motivated, in whole or in part, by Tenant's protected characteristic (race, color, religion, sex, disability, age, familial status, national origin, marital status, or receipt of public assistance) in violation of N.D.C.C. ch. 14-02.5 and 42 U.S.C. § 3601 et seq. Specifically: [________________________________].

5.7. SEVENTH DEFENSE — Retaliation (Federal FHA / Public Policy)

Plaintiff's eviction action is in retaliation for Tenant's exercise of legally protected rights — including (check applicable):

☐ Reporting code violations to a public authority
☐ Requesting repairs
☐ Filing a fair-housing complaint
☐ Filing a complaint with North Dakota Department of Labor and Human Rights
☐ Asserting VAWA rights
☐ Asserting tenant rights under the Lease or N.D.C.C.
☐ Other protected activity: [________________________________]

While North Dakota lacks a codified retaliatory-eviction statute, the federal Fair Housing Act (42 U.S.C. § 3617), N.D.C.C. ch. 14-02.5, and North Dakota public policy bar retaliatory action.

5.8. EIGHTH DEFENSE — Failure to Mitigate

Plaintiff has failed to mitigate damages by seeking a replacement tenant or otherwise minimizing rental loss.

5.9. NINTH DEFENSE — Improper Parties / Misnomer

Plaintiff has named the wrong party / has failed to name a necessary party / has misidentified Tenant. Specifically: [________________________________].

5.10. TENTH DEFENSE — Statute of Limitations / Laches

Plaintiff's claim, in whole or in part, is barred by the applicable statute of limitations or by laches. Specifically: [________________________________].

5.11. ELEVENTH DEFENSE — VAWA Bar (34 U.S.C. § 12491)

Tenant is a victim of domestic violence, dating violence, sexual assault, or stalking, and the alleged ground for eviction stems from such an act. The Violence Against Women Act, 34 U.S.C. § 12491, bars termination on this basis. Tenant submits a VAWA self-certification (Form HUD-5382 or equivalent).

5.12. TWELFTH DEFENSE — SCRA Stay (50 U.S.C. § 3951)

Tenant ☐ Tenant's dependent is on active duty in the U.S. armed forces, and the SCRA, 50 U.S.C. § 3951, requires a stay of the eviction action.

5.13. THIRTEENTH DEFENSE — Bankruptcy Automatic Stay (11 U.S.C. § 362)

Tenant has filed a petition under Title 11 of the United States Code, Case No. [________________________________] in the U.S. Bankruptcy Court for the District of [________________________________], on [__/__/____]. The automatic stay of 11 U.S.C. § 362 bars further proceedings.

5.14. FOURTEENTH DEFENSE — CARES Act Notice Failure (15 U.S.C. § 9058)

The Premises are a "covered dwelling" under 15 U.S.C. § 9058, and Plaintiff failed to give the required thirty (30) days' notice to vacate prior to filing.

5.15. FIFTEENTH DEFENSE — HUD / HCV / Public Housing — No Good Cause (24 C.F.R. §§ 247.3, 247.4, 982.310, 966.4)

The tenancy is subsidized through HUD, and Plaintiff has failed to (a) establish "good cause" for termination; (b) serve the federally prescribed notice; or (c) comply with the applicable HUD grievance / hearing procedures.

5.16. SIXTEENTH DEFENSE — Self-Help / Constructive Eviction (N.D.C.C. § 47-32-01; § 32-03-29)

Plaintiff has engaged in unlawful self-help measures (lockout, utility shut-off, removal of belongings, harassment) in violation of N.D.C.C. ch. 47-32 (eviction is the exclusive judicial remedy to recover possession, § 47-32-01) and N.D.C.C. § 32-03-29 (treble damages for forcible exclusion), constructively evicting Tenant and excusing any alleged failure to perform.

5.17. SEVENTEENTH DEFENSE — Premises Not Identified / Lease Not Operative

Plaintiff has failed to identify the Premises with sufficient legal certainty / has failed to plead a valid operative Lease.

5.18. EIGHTEENTH DEFENSE — Reservation of Defenses

Tenant reserves the right to assert additional defenses upon further investigation, discovery, or amendment, and does not waive any defense by omission.

6. SETOFF AGAINST ACCRUED RENT AND DAMAGES (§ 47-32-04)

Pursuant to N.D.C.C. § 47-32-04, which permits a defendant to interpose a counterclaim "as a setoff to a demand made for damages or for rents and profits," Tenant asserts the following setoffs against any amount Plaintiff claims:

6.1. Habitability Setoff. Plaintiff's failure to repair under § 47-16-13 has reduced the rental value of the Premises by $[__________] per month for the period [__/__/____] through [__/__/____], yielding a total setoff of $[__________].

6.2. Repair-and-Deduct. Tenant paid $[__________] to remedy [________________________________] after Plaintiff failed to do so following written notice.

6.3. Security-Deposit Offset (§ 47-16-07.1). ☐ Tenant has previously surrendered another unit, and Plaintiff failed to return the security deposit of $[__________] within thirty (30) days. Plus interest and (under § 47-16-07.3) treble damages of $[__________] and attorney fees.

6.4. Damages from Plaintiff's Self-Help. ☐ Plaintiff engaged in self-help in violation of N.D.C.C. § 47-32-01 (eviction is exclusive judicial remedy), with treble-damages exposure under N.D.C.C. § 32-03-29, causing Tenant damages of $[__________].

6.5. Total Setoff. $[__________].

7. FEDERAL AND STATE STATUTORY BARS

7.1. VAWA Self-Certification. ☐ Attached as Exhibit 1.

7.2. SCRA Active-Duty Documentation. ☐ Attached as Exhibit 2.

7.3. Bankruptcy Notice. ☐ Suggestion of Bankruptcy filed concurrently herewith.

7.4. Fair Housing / Retaliation Complaint. ☐ Tenant has filed a complaint with HUD / N.D. Department of Labor and Human Rights, Case No. [________________________________].

7.5. HUD Subsidy Status. ☐ This is a HUD/HCV/Section 8/LIHTC tenancy. Required HUD termination notice is missing or insufficient.

8. REQUEST FOR JUDICIAL OFFICER / HEARING PROCEDURES

8.1. Right to Judge. ☐ If this matter has been assigned to a judicial referee, Tenant hereby requests, within seven (7) days of assignment, that the case be heard by a District Court judge under N.D. R.Ct. 8.5 and applicable rules.

8.2. Continuance. ☐ Tenant respectfully requests a continuance of the hearing to allow time to retain counsel and gather evidence. Grounds: [________________________________].

8.3. Hardship Stay (Conditional). In the event the Court enters judgment in favor of Plaintiff, Tenant respectfully requests a hardship stay of restitution for up to five (5) days under N.D.C.C. § 47-32-04.1, on the following grounds: [________________________________]. (Not available where eviction is based on disturbance of peace.)

8.4. Supersedeas / Stay Pending Appeal. ☐ Tenant intends to appeal any adverse judgment to the N.D. Supreme Court and requests opportunity to post a supersedeas bond.

9. PRAYER FOR RELIEF

WHEREFORE, Tenant respectfully prays that this Court enter judgment as follows:

A. Dismiss the Complaint with prejudice;

B. Deny restitution of the Premises;

C. Deny any award of accrued rent or damages, or in the alternative, offset any award by the setoffs pleaded above;

D. Deny any award of attorney fees to Plaintiff;

E. Award Tenant's costs and disbursements;

F. ☐ Refer fair-housing / discrimination concerns to the appropriate enforcement agency;

G. ☐ In the alternative, grant a hardship stay of restitution for five (5) days under N.D.C.C. § 47-32-04.1; AND

H. Grant such other and further relief as the Court deems just and equitable.

10. VERIFICATION

STATE OF NORTH DAKOTA, COUNTY OF [________________________________], ss.

I, [________________________________], being first duly sworn upon my oath, depose and state that I am the Defendant Tenant in the foregoing action; that I have read the foregoing Answer and Affirmative Defenses; and that the facts stated therein are true to the best of my knowledge, information, and belief.

_____________________________________
[Tenant Name]

Subscribed and sworn before me this [____] day of [________________________________], 20[____].

_____________________________________
Notary Public — State of North Dakota
My Commission Expires: [__/__/____]

11. SIGNATURE AND SERVICE BLOCK

DATED this [____] day of [________________________________], 20[____].

— OR, if represented —

Pursuant to N.D.R.Civ.P. 11, the undersigned certifies that this Answer is presented for proper purposes; the legal contentions are warranted by existing law or non-frivolous argument for extension; and the factual contentions have evidentiary support.

12. CERTIFICATE OF SERVICE

I hereby certify that on [__/__/____] I served a true and correct copy of the foregoing Answer, Affirmative Defenses, and Setoff upon the following by ☐ U.S. Mail / ☐ E-Mail / ☐ Personal Delivery / ☐ E-File:

_____________________________________
[Tenant / Counsel Signature]

13. NORTH DAKOTA PRACTICE NOTES

13.1. File EARLY. Eviction is summary; the hearing is set 3–15 days after summons issuance under § 47-32-03. File the Answer with the Clerk before the hearing. Bring three copies to the hearing.

13.2. No General Counterclaims. Per § 47-32-04, no general counterclaims may be interposed in eviction — only setoffs against rent or possession-related damages. Pure damages claims (security deposit, discrimination, retaliation tort, FHA fee-shift) must be filed in a separate civil action. This Answer pleads them as defenses to put the landlord on notice without violating the joinder bar.

13.3. Strict Notice Construction. Defective pre-suit notice is the single most successful defense in N.D. eviction practice. Examine the notice carefully for: (a) correct lessee identification; (b) correct premises; (c) correct demand (rent only — no bundled future rent or unauthorized fees); (d) compliant service.

13.4. No Statutory Retaliation Bar. ND has not codified a retaliation statute. Defenses must rely on (a) federal FHA § 3617; (b) ch. 14-02.5 retaliation prohibition (analogous to FHA); (c) public policy; and (d) federal subsidized-housing rules where applicable.

13.5. Habitability — Limited Statutory Warranty. N.D.C.C. § 47-16-13 imposes a duty to repair, but ND's implied warranty of habitability is narrower than URLTA states. Cite both the statute and Hovland-line common-law cases. Document repair requests in writing.

13.6. Self-Help Bar. N.D.C.C. § 47-32-01 makes the eviction action the exclusive judicial remedy to recover possession, and N.D.C.C. § 32-03-29 imposes treble damages for forcible exclusion. If landlord locked tenant out, shut off utilities, or removed belongings, plead constructive eviction and damages — and consider a separate civil action for damages.

13.7. Right to Judge Over Referee. Rule 8.5 of the N.D. Rules of Court allows demand for District Court judge within seven (7) days of assignment to a referee.

13.8. Hardship Stay (5 Days). § 47-32-04.1 permits a stay of restitution up to five (5) days for substantial hardship — except where eviction is based on disturbance of peace. Tenant should plan move-out logistics in parallel with defending the case.

13.9. Appeal. Sixty (60) days to appeal to N.D. Supreme Court. Review is on the record (no de novo). Supersedeas bond generally required to stay execution.

13.10. Eviction Record Sealing (S.B. 2238 — 2025). If judgment is entered against Tenant, sealing may be available 7 years after satisfaction (immediately for DV survivors). Preserve all records of payment satisfaction.

13.11. Subsidized Housing Special Rules. HUD-subsidized tenants have substantial additional procedural protections — separate grievance hearings, federally prescribed notice forms, and "good cause" requirements. Verify subsidy status immediately.

13.12. Local Resources. Legal Services of North Dakota (1-800-634-5263); ND Court Self-Help Center (ndcourts.gov/legal-self-help); ND Department of Labor and Human Rights (housing-discrimination complaints); Fargo, Bismarck, and Grand Forks tenant assistance programs.

14. SOURCES AND REFERENCES

• N.D.C.C. ch. 47-32 (Eviction): https://ndlegis.gov/cencode/t47c32.pdf
• N.D.C.C. § 47-32-01 (When eviction maintainable): https://codes.findlaw.com/nd/title-47-property/nd-cent-code-sect-47-32-01/
• N.D.C.C. § 47-32-02 (Notice of intention to evict): https://www.lawserver.com/law/state/north-dakota/nd-code/north_dakota_code_47_32_02
• N.D.C.C. § 47-32-03 (Issuance of summons): https://law.justia.com/codes/north-dakota/title-47/chapter-47-32/
• N.D.C.C. § 47-32-04 (No joinder; counterclaim limits): https://law.justia.com/codes/north-dakota/title-47/chapter-47-32/
• N.D.C.C. § 47-32-04.1 (Judgment / hardship stay): https://law.justia.com/codes/north-dakota/title-47/chapter-47-32/
• N.D.C.C. ch. 47-16 (Leasing): https://ndlegis.gov/cencode/t47c16.pdf
• N.D.C.C. § 47-16-13 (Landlord duty to repair): https://ndlegis.gov/cencode/t47c16.pdf
• N.D.C.C. § 47-32-01 (Eviction is exclusive judicial remedy — self-help prohibited): https://ndlegis.gov/cencode/t47c32.pdf
• N.D.C.C. § 32-03-29 (Treble damages for forcible exclusion): https://ndlegis.gov/cencode/t32c03.pdf
• N.D.C.C. § 47-16-07.1 (Security deposit): https://codes.findlaw.com/nd/title-47-property/nd-cent-code-sect-47-16-07-1/
• N.D.C.C. § 47-16-07.3 (Wrongful withholding — treble damages): https://ndlegis.gov/cencode/t47c16.pdf
• N.D.C.C. § 47-16-15 (Termination notice): https://codes.findlaw.com/nd/title-47-property/nd-cent-code-sect-47-16-15/
• N.D.C.C. ch. 14-02.5 (Housing Discrimination Act): https://ndlegis.gov/cencode/t14c02-5.pdf
• N.D.C.C. ch. 14-02.4 (Human Rights Act): https://ndlegis.gov/cencode/t14c02-4.pdf
• N.D.R.Civ.P.: https://www.ndcourts.gov/legal-resources/rules/ndrcivp
• N.D. Courts Eviction (Tenants): https://www.ndcourts.gov/legal-self-help/eviction-for-tenants
• N.D. Courts Eviction (Landlords): https://www.ndcourts.gov/legal-self-help/eviction-for-landlords
• Eviction Forms Instructions (ND Courts): https://www.ndcourts.gov/Media/Default/Legal%20Resources/Legal%20Self%20Help/Eviction/Instructions-for-Eviction.pdf
• N.D. Attorney General Tenant Rights: https://attorneygeneral.nd.gov/consumer-resources/tenant-rights/
• Legal Services of North Dakota: https://www.legalassist.org/
• N.D. Department of Labor and Human Rights: https://www.nd.gov/labor/human-rights
• S.B. 2238 (2025) Eviction Record Sealing: https://ndlegis.gov/assembly/69-2025/regular/bill-overview/bo2238.html
• Fair Housing Act: 42 U.S.C. § 3601 et seq.
• FHA Anti-Retaliation: 42 U.S.C. § 3617
• VAWA: 34 U.S.C. § 12491
• SCRA: 50 U.S.C. § 3951
• Bankruptcy Stay: 11 U.S.C. § 362
• CARES Act 30-Day Notice: 15 U.S.C. § 9058
• HUD Section 8 (Project-Based) Termination: 24 C.F.R. §§ 247.3 — 247.4
• HUD HCV Termination: 24 C.F.R. § 982.310
• HUD Public Housing Termination: 24 C.F.R. § 966.4

END OF ANSWER