Landlord’s Defenses				
ETRA	Lock-Out	Rent Escrow	TRA	
1.  Tenant caused the damage: LL needs to prove that the T did it and that T’s conduct was deliberate or negligent; Defense does not relieve LL of duty to repair; Defense may have an effect on the amount of rent abatement.	1.  Tenant caused lock-out:
actual: T lost key.  Not a defense if T Informs LL that T has lost key and needs to get back to apartment.
Constructive: T is responsible for paying utilities.  Not a defense if there is a shared meter or lease states LL pay for utilities and LL fails to pay.	1.  Tenant caused the damage: LL needs to prove that the T did it and that T’s conduct was deliberate or negligent; Defense does not relieve LL of duty to repair; Defense may have an effect on the amount of rent abatement.	1.  Tenant cause the damage: LL needs to prove that the T did it and that T’s conduct was deliberate or negligent; Defense does not relieve LL of duty to repair; Defense may have an effect on the amount of rent abatement.	
2.  Damage was existent when Tenant moved in: “As is” is not a defense.  In fact, an admission that LL knew about the repairs for purposes of notice.	2.  Tenant is wasting utilities and LL pays.  Not a defense and if LL turns off utility T can assert bad faith.	2.  Damage was existent when Tenant moved in: “As is” is not a defense.  In fact, an admission that LL knew about the repairs for purposes of notice.	2.  Damage was existent when Tenant moved in: “As is” is not a defense.  In fact, an admission that LL knew about the repairs for purposes of notice	
3.  The damage is not that bad.  Not a defense for LL; does not relieve LL of duty to make repairs.  It may have an effect on the amount of rent abatement.	3. Utility is not needed: Not a defense if utility should be provided, e.g. heat during winter months but not during summer months.	3.  The damage is not that bad.  Not a defense for LL; does not relieve LL of duty to make repairs.  It may be have an effect on the amount of rent abatement.	3.  The damage is not that bad.  Not a defense for LL; does not relieve LL of duty to make repairs.  It may be have an effect on the amount of rent abatement.		
4.  Plaintiff is not a tenant: Is a defense.  However, T can prove lease via rental agreement or rent receipts, shelter verification forms or witnesses to any oral lease or agreement.  Even if money doesn’t change hands or T doesn’t have possession of property yet Court can find tenancy if there is clearly an agreement	4.  Plaintiff is not a tenant: Is a defense.  However, T can prove lease via rental agreement or rent receipts, shelter verification forms or witnesses to any oral lease or agreement.  Even if money doesn’t change hands or T doesn’t have possession of property yet Court can find tenancy if there is clearly an agreement	4.  Plaintiff is not a tenant: Is a defense.  However, T can prove lease via rental agreement or rent receipts, shelter verification forms or witnesses to any oral lease or agreement.  Even if money doesn’t change hands or T doesn’t have possession of property yet Court can find tenancy if there is clearly an agreement	4.  Plaintiff is not a tenant: Is a defense.  However, T can prove lease via rental agreement or rent receipts, shelter verification forms or witnesses to any oral lease or agreement.  Even if money doesn’t change hands or T doesn’t have possession of property yet Court can find tenancy if there is clearly an agreement	
5.  Repairs are not emergency loss of services or facilities: Loss of services and facilities is not limited to utility loss.  It can be a loss of home due to condemnation based on health and safety violations.				

Presented by Charlene F. D’Cruz at HCBA, LL/T seminar, January 17, l997
Revised by Lawrence R. McDonough, October 24, 2000