[STATE] [COURT NAME]

[COUNTY] COUNTY

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[LANDLORD NAME],
Plaintiff,
	Case No.: [CASE NUMBER]
v.
	DEFENDANT'S MOTION TO DISMISS
[TENANT NAME],
Defendant.

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DEFENDANT'S MOTION TO DISMISS

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Defendant [TENANT NAME] ("Defendant" or "Tenant"), appearing pro se [or "by and through counsel"], hereby moves this Court pursuant to [CITE APPLICABLE RULE - e.g., "Rule 12(b)(6)" or state equivalent] to dismiss the Complaint filed by Plaintiff [LANDLORD NAME] ("Plaintiff" or "Landlord").

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I. INTRODUCTION

Plaintiff has filed this unlawful detainer/eviction action seeking to remove Defendant from the premises located at [PROPERTY ADDRESS] (the "Premises"). For the reasons set forth below, this action should be dismissed.

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II. STATEMENT OF FACTS

1. Defendant is a tenant at the Premises pursuant to a [written/oral] lease agreement dated [DATE] (or commencing on [DATE]).

2. On or about [DATE], Plaintiff served Defendant with a [TYPE OF NOTICE - e.g., "3-Day Notice to Pay Rent or Quit"].

3. On [DATE], Plaintiff filed this eviction action.

4. [ADD ADDITIONAL RELEVANT FACTS]

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III. GROUNDS FOR DISMISSAL

Defendant moves for dismissal on the following ground(s):

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☐ GROUND 1: DEFECTIVE NOTICE - IMPROPER NOTICE PERIOD

Applicable Law:

Under [STATE STATUTE], a landlord must provide [NUMBER] days' notice before filing an eviction action for [nonpayment of rent / lease violation / termination of tenancy].

Argument:

The notice served on Defendant was defective because:

☐ The notice period was only [NUMBER] days, not the required [NUMBER] days.

☐ The notice period was improperly calculated because:
- [STATE] law requires excluding the day of service
- [STATE] law requires excluding weekends and holidays
- The notice expired on [DATE], but Plaintiff filed suit on [DATE], before expiration

Supporting Facts:

• Date of service: [DATE]
• Notice period stated: [NUMBER] days
• Required notice period: [NUMBER] days
• Proper expiration date: [DATE]
• Date complaint filed: [DATE]

Remedy Requested: Dismissal without prejudice.

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☐ GROUND 2: DEFECTIVE NOTICE - INCORRECT AMOUNT STATED

Applicable Law:

Under [STATE STATUTE], a notice to pay rent or quit must accurately state the amount of rent due. [CITE CASE LAW if available]

Argument:

The notice is defective because it states an incorrect amount:

Notice Claims	Actual Amount	Discrepancy
$[AMOUNT]	$[AMOUNT]	$[AMOUNT]

☐ The notice includes amounts that cannot be included under [STATE] law:
- Late fees: $[AMOUNT]
- Attorney fees: $[AMOUNT]
- Interest: $[AMOUNT]
- Other impermissible charges: $[AMOUNT]

☐ The notice overstates rent due because:
[EXPLAIN - e.g., "rent was already paid for [MONTH]"]

Supporting Evidence:

• Exhibit A: Copy of defective notice
• Exhibit B: Proof of payment / rent ledger
• Exhibit C: Lease showing correct rent amount

Remedy Requested: Dismissal without prejudice.

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☐ GROUND 3: DEFECTIVE NOTICE - IMPROPER SERVICE

Applicable Law:

Under [STATE STATUTE], notice must be served by [DESCRIBE REQUIRED METHODS - e.g., "personal delivery, substituted service, or posting and mailing"].

Argument:

Plaintiff failed to properly serve the notice because:

☐ Personal service was not attempted before using alternative service methods
☐ Posting was not done in conspicuous place
☐ Mailing was not completed as required
☐ Service was made on unauthorized person
☐ Affidavit/proof of service is defective or absent
☐ Other: [DESCRIBE]

Supporting Facts:

[DESCRIBE THE DEFECTIVE SERVICE]

Remedy Requested: Dismissal without prejudice.

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☐ GROUND 4: PLAINTIFF LACKS STANDING

Applicable Law:

Only the owner of property or an authorized agent may bring an eviction action. [CITE STATUTE/CASE]

Argument:

Plaintiff lacks standing to bring this action because:

☐ Plaintiff is not the owner of the Premises
☐ Plaintiff is not a proper party to the lease
☐ Plaintiff has not demonstrated authorization to act on owner's behalf
☐ Property has been sold/transferred to [NEW OWNER]
☐ Other: [DESCRIBE]

Supporting Facts:

[DESCRIBE BASIS FOR LACK OF STANDING]

Remedy Requested: Dismissal with prejudice [or without prejudice, as appropriate].

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☐ GROUND 5: FAILURE TO COMPLY WITH REQUIRED PROCEDURES

Applicable Law:

[STATE/LOCAL] law requires the following before filing an eviction:

[LIST REQUIRED PROCEDURES - e.g., "registration with rent board," "just cause certification," "relocation assistance offer"]

Argument:

Plaintiff failed to comply with required procedures:

☐ Failed to provide required disclosure: [DESCRIBE]
☐ Failed to file required notice with [AGENCY]: [DESCRIBE]
☐ Failed to offer relocation assistance as required by [ORDINANCE]
☐ Failed to certify just cause as required by [STATUTE/ORDINANCE]
☐ Other: [DESCRIBE]

Supporting Facts:

[DESCRIBE PROCEDURAL FAILURES]

Remedy Requested: Dismissal without prejudice until compliance.

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☐ GROUND 6: LANDLORD ACCEPTED RENT AFTER NOTICE

Applicable Law:

Under [STATE] law, acceptance of rent after serving a notice to quit waives the notice and reinstates the tenancy. [CITE STATUTE/CASE]

Argument:

After serving the notice on [DATE], Plaintiff accepted rent payment:

Date	Amount	Method
[DATE]	$[AMOUNT]	[CHECK/CASH/ELECTRONIC]

By accepting this payment, Plaintiff waived the notice and cannot proceed with eviction based on that notice.

Supporting Evidence:

• Exhibit __: Receipt / Cancelled check / Bank statement

Remedy Requested: Dismissal with prejudice.

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☐ GROUND 7: RETALIATION

Applicable Law:

Under [STATE STATUTE], a landlord may not evict a tenant in retaliation for exercising legal rights. Eviction within [TIMEFRAME] of protected activity creates a rebuttable presumption of retaliation.

Argument:

This eviction is retaliatory. Within [NUMBER] months before this action:

☐ On [DATE], Defendant complained about habitability conditions
☐ On [DATE], Defendant reported code violations to [AGENCY]
☐ On [DATE], Defendant exercised other legal rights: [DESCRIBE]

The timing of this eviction creates a presumption of retaliation that Plaintiff cannot rebut.

Supporting Evidence:

• Exhibit __: Complaint to landlord dated [DATE]
• Exhibit __: Code enforcement report dated [DATE]
• Exhibit __: [OTHER DOCUMENTATION]

Remedy Requested: Dismissal with prejudice.

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☐ GROUND 8: DISCRIMINATION

Applicable Law:

The Fair Housing Act (42 U.S.C. § 3601 et seq.) and [STATE/LOCAL] fair housing laws prohibit eviction based on protected characteristics.

Argument:

This eviction is discriminatory based on Defendant's:

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

Supporting Facts:

[DESCRIBE EVIDENCE OF DISCRIMINATION]

Remedy Requested: Dismissal with prejudice.

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☐ GROUND 9: CURE COMPLETED

Applicable Law:

Under [STATE] law, a tenant who cures a violation within the notice period is entitled to dismissal.

Argument:

Defendant cured the [violation/nonpayment] within the notice period:

☐ Full payment of $[AMOUNT] was made on [DATE]
☐ Violation was cured on [DATE] by [DESCRIBE ACTION TAKEN]

Supporting Evidence:

• Exhibit __: Receipt / Proof of payment
• Exhibit __: Evidence of cure

Remedy Requested: Dismissal with prejudice.

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☐ GROUND 10: OTHER GROUND

[DESCRIBE OTHER GROUND FOR DISMISSAL]

Applicable Law:

[CITE AUTHORITY]

Argument:

[STATE ARGUMENT]

Remedy Requested: [STATE REMEDY]

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IV. CONCLUSION

For the foregoing reasons, Defendant respectfully requests that this Court:

1. GRANT this Motion to Dismiss;
2. DISMISS the Complaint ☐ with prejudice ☐ without prejudice;
3. AWARD Defendant costs and attorney's fees (if represented and permitted by law);
4. GRANT such other and further relief as the Court deems just and proper.

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V. REQUEST FOR HEARING

Defendant requests a hearing on this Motion.

☐ Defendant is available on [DATES/TIMES]
☐ Defendant requests the Court set a hearing date

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VI. VERIFICATION / DECLARATION

I, [TENANT NAME], declare under penalty of perjury under the laws of the State of [STATE] that the foregoing is true and correct to the best of my knowledge.

Signature	________________________________
Printed Name	[YOUR NAME]
Date	[MM/DD/YYYY]

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VII. CERTIFICATE OF SERVICE

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

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

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

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

Signature	________________________________
Printed Name	[YOUR NAME]
Date	[MM/DD/YYYY]

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EXHIBITS

☐ Exhibit A: Copy of Notice to Quit
☐ Exhibit B: [DESCRIBE]
☐ Exhibit C: [DESCRIBE]
☐ Exhibit D: [DESCRIBE]

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COURT FILING CHECKLIST:

☐ Completed all required sections
☐ Signed and dated
☐ Attached all exhibits
☐ Made copies (original for court, copy for plaintiff, copy for your records)
☐ Prepared certificate of service
☐ Checked filing deadline
☐ Verified filing fee (or fee waiver application)
☐ Determined if hearing must be scheduled

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This Motion to Dismiss template is for informational purposes only. Court procedures, forms, and requirements vary significantly by jurisdiction. Many courts have mandatory forms that must be used. CONSULT A LICENSED ATTORNEY OR LEGAL AID ORGANIZATION. Missing deadlines or failing to follow proper procedures may result in a default judgment against you.