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