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What can a tenant do when an unlawful detainer lawsuit is filed against him or her?

The tenant can defend against the eviction by filing an answer to the complaint and can go to court for the trial that will be scheduled to explain his or her side of the disagreement. The tenant may try to prove in court that the landlord should allow him or her to remain living in the rental property if the tenant believes that:

• the landlord acted unlawfully in giving him or her an eviction notice, or that
• he or she has a valid defense to an eviction lawsuit.

The tenant cannot file a cross complaint (sue the landlord in the same action), but can raise as a defense any illegal conduct on the part of the landlord or any inaccurate information contained in the complaint. [See Tenant section for types of answers and affirmative defenses available.]

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Last modified: 03/17/2008

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