Can landlord evict for nonpayment after Mold was reported to health dept & they're in violation?
1 attorney answer
Uninhabitability of a rental property is a defense to a claim for nonpayment of rent. When you go to court on the date scheduled for trial, after the landlord tells the judge how much you owe, you then will be asked to explain why you have not paid. That is when you will tell the judge that there was a serious habitability issue with the property and give him all of the details. If the judge agrees that you are entitled to an abatement of rent, he will determine how much, if anything, you owe. As long as you pay whatever you owe by 4:30 PM that day, either to the landlord or the court, the judgment of possession will be vacated and your tenancy can continue.