Most Common Defenses and Counterclaims for Tenants

This chart outlines the defenses and counterclaims in the Answer form (Booklet 3) and which defenses and counterclaims apply to non-payment, no-fault, and fault eviction cases.  

Generally only defenses are allowed in fault eviction cases, not counterclaims. The exception is if your landlord has listed any claims for money on a fault eviction complaint (such as rent or other losses), you can raise any counterclaims you have. While your counterclaims may not prevent the landlord from getting possession of the apartment, they can reduce or eliminate what your landlord says you owe.