COVID-19 small claims court rental debt defenses
If your landlord is suing you for COVID-19 rental debt in small claims court there are some specific legal reasons you might not owe the rent (defenses) that you can tell the judge at your court date. If one or more of these fit your situation, you can bring it up at your trial. These aren’t all the defenses but the most common ones..
Defenses for unpaid COVID-19 rental debt
Review the defenses below to see if there's one that applies to your situation
Many defenses have specific requirements. It’s always best to get legal advice to see how the defenses might apply to you and your situation. A local law library or Small Claims Advisor may be able to help you do more research.
COVID-19 and rent relief
You can use this defense if
- Your landlord didn't show they made a good faith effort to help you obtain rental assistance before filing a small claims case.
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You can use this defense if
- You received money from a rent relief program and gave it to your landlord or they received a rent relief payment directly.
You can use this defense if
- You applied for rental assistance and haven't heard back yet or received rental assistance money from the program.
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You can use this defense if
- You turned in a declaration of COVID-19-related financial distress to your landlord and they're asking for late fees for the COVID-19 rental debt in the small claims case.
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I owe less rent than my landlord says
You can use this defense if
- Your landlord raised your rent and it was against the law to do so. You can use this as a defense to lower the amount you owe. For example, if your landlord asked you to pay for services that they never charged for before the COVID-19 pandemic or that are more expensive than before.
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You can use this defense if
- You had to move out of your home before your rental agreement was up and your landlord didn't try to rent your home to someone else (mitigate damages) to help cover your rent.
You can use this defense if
- A person or agency offered to pay your rent for you and your landlord wouldn't take the payment.
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This defense is called a breach of warranty of habitability
If your landlord hasn't maintained your home as a safe and healthy place to live - for example, there is no heat, a leaking roof, broken door locks, or no hot and cold running water - you may be able to use this as a defense to lower the amount of money you might owe.
In court, you'll need to explain
- The problems in your home
- That the problems were not caused by normal wear and tear
- That the problems were not caused by you or your visitors
- Where and when you told your landlord about them
- How long it took your landlord to fix the problem, or if they did
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You can use this defense to lower the amount owed if
- You told your landlord about a repair your home needed (serious problems that make your home unlivable)
- Your landlord didn't fix the problem
- You fixed the problem
- You subtracted the repair cost from your rent correctly, and
- Your landlord didn't give you credit for the repairs you paid for
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Other defenses
You can use this defense if your landlord filed your case in the wrong court location. The court case should be filed where
- you live or work
- the contract was made, signed, performed, or broken
- you lived or worked when the rental agreement was made
For example, you could use this defense if you've always lived and worked in, signed a rental agreement in, and your rental home is located in, Los Angeles, but your landlord started the eviction case in San Francisco because they live there.
You can use this defense if you didn't have any lease or agreement with the landlord but they sued you anyway. An example would be if you lived in a rental home with your friend who had signed a rental agreement with the landlord, but you hadn't.