Response to Eviction Notice (Tenant)

RESPONSE TO NOTICE TO QUIT / EVICTION NOTICE

VIA: ☐ Certified Mail, Return Receipt Requested
☐ Hand Delivery (obtain receipt)
☐ Email (if legally sufficient)

Date: [DATE]

TO: LANDLORD/PROPERTY MANAGER

FROM: TENANT

RE: Response to [TYPE OF NOTICE] Dated [DATE OF NOTICE]

Dear [LANDLORD/PROPERTY MANAGER NAME]:

I am writing in response to the [3-DAY/5-DAY/14-DAY/30-DAY] Notice to [PAY RENT OR QUIT / CURE OR QUIT / QUIT] that I received on [DATE RECEIVED].

I. NOTICE RECEIVED

II. MY RESPONSE

Select Applicable Response(s):

☐ A. I DISPUTE THE NOTICE - IT IS DEFECTIVE

I dispute the validity of this notice for the following reason(s):

☐ Wrong Notice Period
The notice provides [NUMBER] days, but [STATE] law requires [NUMBER] days for this type of notice.

☐ Incorrect Amount
The notice claims I owe $[AMOUNT], but the correct amount is $[CORRECT AMOUNT].

• Rent due: $[AMOUNT]
• I have paid: $[AMOUNT] on [DATE(S)]
• Actual balance: $[AMOUNT]

☐ Improper Service
The notice was not properly served in accordance with [STATE] law because:
[EXPLAIN - e.g., not personally served, not posted properly, wrong address]

☐ Wrong Parties
The notice [does not name all tenants / names wrong parties / is from wrong landlord].

☐ Includes Improper Charges
The notice includes amounts that cannot be included in a pay-or-quit notice under [STATE] law:

• [DESCRIBE - e.g., "late fees," "attorney fees," "utilities"]

☐ Mathematical Error
The rent calculation is incorrect: [EXPLAIN]

☐ Other Defect:
[DESCRIBE]

☐ B. I HAVE PAID / WILL PAY

☐ I have already paid the amount claimed.

• Amount paid: $[AMOUNT]
• Date paid: [DATE]
• Method: [CHECK #/MONEY ORDER/CASH]
• Proof attached: ☐ Yes ☐ Available upon request

☐ I am tendering payment with this letter.

• Amount enclosed: $[AMOUNT]
• Check/Money Order #: [NUMBER]

☐ I am arranging payment and request [NUMBER] additional days to pay in full.

☐ C. I HAVE CURED / WILL CURE THE VIOLATION

The violation cited in the notice has been / will be cured:

☐ Documentation attached

☐ D. I HAVE DEFENSES TO EVICTION

I assert the following defenses:

Defense 1: Landlord's Breach of Habitability

You have failed to maintain the premises in habitable condition. The following conditions exist:

Under [STATE] law, your breach of the implied warranty of habitability is a defense to eviction for non-payment.

☐ Prior repair requests attached

Defense 2: Retaliation

This eviction notice is retaliatory. Within the past [6/12] months, I:

☐ Complained about habitability conditions on [DATE]
☐ Reported code violations on [DATE]
☐ Joined/organized a tenant organization on [DATE]
☐ Exercised other legal rights: [DESCRIBE]

Under [STATE STATUTE], eviction within [TIMEFRAME] of exercising legal rights creates a presumption of retaliation.

Defense 3: Discrimination

I believe this eviction is discriminatory based on:
☐ Race
☐ Color
☐ National Origin
☐ Religion
☐ Sex
☐ Familial Status (including children)
☐ Disability
☐ Other protected class: [DESCRIBE]

[DESCRIBE BASIS FOR BELIEF]

This violates the Fair Housing Act (42 U.S.C. § 3601 et seq.) and [STATE/LOCAL] fair housing laws.

Defense 4: Acceptance of Rent

You accepted rent after serving this notice:

Under [STATE] law, acceptance of rent after serving a notice to quit waives the notice.

Defense 5: Improper Notice (see Section II.A)

[CROSS-REFERENCE TO SECTION A ABOVE]

Defense 6: I Did Not Commit the Violation

I did not commit the violation alleged because:
[EXPLAIN IN DETAIL]

Defense 7: Other Defense

[DESCRIBE ANY OTHER LEGAL DEFENSE]

III. REQUEST FOR RESOLUTION

I would like to resolve this matter without the need for court proceedings. I propose:

☐ Payment Plan
I can pay the amount owed as follows:
| Date | Amount |
|------|--------|
| [DATE] | $[AMOUNT] |
| [DATE] | $[AMOUNT] |
| [DATE] | $[AMOUNT] |
| Total | $[AMOUNT] |

☐ Cure Period Extension
I request [NUMBER] additional days to cure the violation because:
[EXPLAIN REASON]

☐ Rent Reduction/Abatement
Due to the habitability issues, I request rent abatement of $[AMOUNT] or [PERCENTAGE]%.

☐ Move-Out Agreement
I am willing to voluntarily vacate by [DATE] in exchange for:

• Dismissal/withdrawal of eviction
• Return of security deposit
• Neutral reference
• Other: [DESCRIBE]

☐ Mediation
I request that we attempt mediation through [LOCAL MEDIATION SERVICE] before proceeding to court.

☐ Other Proposal:
[DESCRIBE]

IV. NOTICE OF RIGHTS

I reserve all of my legal rights, including but not limited to:

• The right to contest any eviction proceeding in court
• The right to assert all available defenses
• The right to a jury trial (where applicable)
• The right to claim rent abatement for breach of habitability
• The right to file counterclaims for:
• Return of security deposit
• Habitability damages
• Retaliation damages
• Discrimination damages
• Attorney's fees (if permitted)
• The right to request a stay pending appeal
• All other rights under [STATE] law

V. CONTACT FOR RESPONSE

Please respond to this letter by [DATE - 7-14 days]:

I prefer to be contacted by: ☐ Phone ☐ Email ☐ Mail

VI. ATTORNEY INVOLVEMENT

☐ I am not currently represented by an attorney but may seek legal counsel.

☐ I am represented by:
| | |
|---|---|
| Attorney Name | [NAME] |
| Firm | [FIRM NAME] |
| Address | [ADDRESS] |
| Phone | [PHONE] |
| Email | [EMAIL] |

Please direct all future communications to my attorney.

VII. SIGNATURE

ATTACHMENTS

☐ Copy of Notice Received
☐ Proof of Payment(s)
☐ Prior Repair Requests
☐ Photos of Habitability Issues
☐ Code Enforcement Reports
☐ Correspondence with Landlord
☐ Proof of Cure
☐ Other: [DESCRIBE]

PROOF OF DELIVERY

IMPORTANT REMINDERS

If you receive court papers (Summons and Complaint):

1. DO NOT IGNORE THEM - You must respond by the deadline
2. Note the deadline - Usually 5-20 days depending on your state
3. File a written Answer - Use the court's forms if available
4. Assert all defenses - Defenses not raised may be waived
5. Appear at all hearings - Missing a hearing may result in default judgment
6. Seek legal help immediately:
   - Legal Aid: [LOCAL LEGAL AID PHONE]
   - Tenant Rights Organization: [LOCAL ORG PHONE]
   - Court Self-Help Center: [LOCATION]

Tenant Resources:

• Legal Aid: [ORGANIZATION AND PHONE]
• Tenant Hotline: [PHONE]
• Court Self-Help: [LOCATION/PHONE]
• Emergency Rental Assistance: [PROGRAM AND PHONE]

This Response to Eviction Notice is intended for pre-litigation use. If you have been served with court papers, you must file a formal Answer with the court. Eviction proceedings have strict deadlines and procedural requirements. CONSULT A LICENSED ATTORNEY OR LEGAL AID ORGANIZATION IMMEDIATELY.