Checklist · Real Estate

Defending an Eviction and Enforcing a Tenant's Rights: A Practical Checklist

42 U.S.C. § 1437

Type: Checklist
Jurisdiction: National
Date: 2025-07-26
Topic: Real Estate

This checklist carries a tenant from the notice on the door through judgment and its aftermath, in nine phases, with the two acts that decide most cases placed first. Phase 1 is the first forty-eight hours: preserving the notice, reading it against the lease, and calendaring the court date, and Phase 2 audits the notice for the defects that end cases outright. Phase 3 builds the habitability and retaliation record that turns a complaint into a defense. Phase 4 covers the rent question and why withholding outside the statutory mechanism converts a defense into a default. Phase 5 covers subsidized housing and the separate hearing clock that runs independently of the court case, and Phase 6 covers written accommodation requests. Phase 7 is the court day, including the hallway conversation that resolves more cases than the courtroom does. Phase 8 covers judgment, the writ, and the unlawful self-help that turns a winning landlord into a defendant, and Phase 9 covers deposits, screening records, and sealing. Five model letters and a ranked failure-mode list are included.

Defending an Eviction and Enforcing a Tenant's Rights: A Practical Checklist

Real Estate > Landlord-Tenant | Published 26 July 2025 - Updated 2 November 2025 | UpLaw - uplaw.us

Two acts decide most eviction cases, and neither is legal argument: reading the notice against the lease, and showing up.

Keywords: notice defects, habitability, retaliation, escrow, hearing, stipulation, self-help, screening

How to use this checklist

Nine phases. Each has - [ ] items and a Why it matters, and the traps note. A fictional case — Yolanda Bethencourt, a five-day notice demanding $2,180 when $1,340 is owed — runs throughout.

Doctrine is in Landlord and Tenant Law: A Comprehensive Guide to Leases, Habitability, Deposits, and Eviction. The narrative is Thirty Days and a Padlock: How an Eviction Actually Works and Where It Can Be Stopped. The materials are in The Landlord-Tenant and Eviction Defense Toolkit.

Phase 1 — The first forty-eight hours

[ ] Keep the notice. Do not throw it away, and do not write on the original.
[ ] Photograph it where it was posted, and photograph the envelope if mailed.
[ ] Write down the date and time you found it, and who else saw it.
[ ] Calendar every date on the paper, and the answer deadline if a summons has been served.
[ ] Locate your lease and every amendment.
[ ] Locate your rent payment records — bank statements, money order stubs, receipts, app histories.
[ ] Gather every written repair request you have ever sent.
[ ] Do not move out because a notice arrived. A notice is not a court order.
[ ] Do not sign anything the landlord presents.
[ ] Find out whether your court has a tenant help desk or duty counsel program.

Why it matters, and the traps. A notice to quit is a precondition to filing, not an eviction. Tenants who move out on a notice give up every defense and frequently still get a money judgment.

The photograph of the posted notice matters because service by posting alone is vulnerable — Greene v. Lindsey, 456 U.S. 444 (1982) held posting insufficient where notices were routinely removed and mail was available.

Phase 2 — Audit the notice

[ ] Compare the amount demanded against the rent actually due.
[ ] Identify every fee in the demand and find its authority in the lease.
[ ] Flag late fees, utilities, damages, or "administrative" charges included in a pay-or-quit demand.
[ ] Count the notice period — check whether the day of service, weekends, and holidays count in your state.
[ ] Confirm the service method matches what the statute permits.
[ ] Confirm the notice is addressed to the correct parties.
[ ] Check for any statement of rights your state requires the notice to contain.
[ ] Determine whether rent was accepted after the notice was served.
[ ] Check whether your jurisdiction requires the landlord to be registered or licensed, and whether they are.
[ ] Check whether a just cause ordinance applies.

Why it matters, and the traps. In many states a defective notice is not excused as a technicality — it means the filing was unlawful and the case must be dismissed and restarted. That buys weeks and resets the leverage entirely.

The arithmetic is where the defense usually hides. A pay-or-quit notice demanding rent plus fees is defective in states requiring the demand be limited to rent.

Worked example. Yolanda's notice demands $2,180. Rent is $1,340. The difference is $75 for an unrequested lock change, $100 in "administrative fees" appearing nowhere in the lease, and $665 in late charges of which only $80 is authorized. In a rent-only state the notice is defective on its face.

Phase 3 — Build the habitability and retaliation record

[ ] List every defect with the date first reported and the method.
[ ] Convert any verbal report into writing now: "Following up on my call of [date] about [condition]…"
[ ] Photograph or video every condition, with visible dates and enough context to identify the room.
[ ] Request a code enforcement inspection and keep the request.
[ ] Obtain the inspection report when it issues.
[ ] Keep receipts for anything you spent because of the condition.
[ ] Log every conversation: date, time, who, what was said.
[ ] Identify whether the filing followed a protected act — a code complaint, a written repair request, joining a tenant organization, asserting a legal right.
[ ] Determine your state's retaliation presumption window, commonly six months to a year.

Why it matters, and the traps. Javins v. First National Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970) makes the rent obligation dependent on habitability, but the defense requires a material defect, notice to the landlord, and a reasonable opportunity to repair. Without a dated record of notice, there is no defense — only a complaint.

Edwards v. Habib, 397 F.2d 687 (D.C. Cir. 1968) supplies the retaliation defense. Most states now attach a presumption if the filing follows a protected act inside the window, which shifts the burden to the landlord.

A municipal inspector's report is neutral evidence a court will credit far above photographs and testimony. Request one even if the case is already filed.

Phase 4 — The rent question

[ ] Determine whether your state provides rent escrow, repair and deduct, or both.
[ ] Find the exact statutory procedure — notice required, waiting period, caps, where the money goes.
[ ] Use the mechanism exactly as written.
[ ] If escrow is available, deposit the rent rather than spending it.
[ ] If repair-and-deduct is available, observe the cap and frequency limits and keep receipts.
[ ] Keep the money available even if no mechanism exists.
[ ] Document every payment made and every payment tendered and refused.
[ ] Never simply stop paying.

Why it matters, and the traps. This is where well-founded complaints become losing cases. A tenant who deposits rent into escrow has preserved a defense. A tenant who spends the rent has created a nonpayment case they will lose no matter how bad the conditions were.

Tender refused is a defense. If you offered the rent and the landlord declined it, document the offer — date, method, amount, and witness.

Phase 5 — If the housing is subsidized

[ ] Identify the program: public housing, project-based subsidy, or housing choice voucher.
[ ] For public housing, request the grievance hearing — 24 C.F.R. part 966, under 42 U.S.C. § 1437.
[ ] For vouchers, check for a separate notice of proposed termination of assistance — 24 C.F.R. part 982, under 42 U.S.C. § 1437f.
[ ] Request the informal hearing in writing immediately — its deadline is short and independent of the court case.
[ ] Obtain the housing authority's administrative plan, which is a public document and controls the process.
[ ] Check the criminal-activity standards and the domestic violence protections at 24 C.F.R. part 5.
[ ] Confirm the landlord followed the required federal termination procedure, including grounds and notice content.

Why it matters, and the traps. Two proceedings, two clocks. Winning the eviction while missing the authority's informal hearing leaves a tenant housed and unsubsidized — which usually means housed briefly. This is the single most consequential omission in subsidized housing cases.

Phase 6 — Accommodation and discrimination

[ ] Identify any disability-related need affecting the tenancy.
[ ] Make a written reasonable accommodation request — 42 U.S.C. § 3604.
[ ] Common requests: unit transfer, assistance animal despite a no-pet clause, rent due date moved to match a benefit deposit, live-in aide, additional time to cure, accessible parking, permission to modify at your expense.
[ ] Keep proof of delivery and calendar a response date.
[ ] Where a public entity or federally funded program is involved, note 29 U.S.C. § 794 and 42 U.S.C. § 12132.
[ ] Consider a fair housing complaint; the private action is at 42 U.S.C. § 3613, under the policy at 42 U.S.C. § 3601.

Why it matters, and the traps. An accommodation request in writing triggers an interactive obligation and creates a record. An unexplained refusal is the classic liability fact pattern — and it is also a defense to the eviction that produced it.

Phase 7 — The court day

[ ] Go. On the date on the paper, early.
[ ] Bring three copies of everything — judge, opposing counsel, you.
[ ] Bring the lease, the notice, payment records, the repair file, photographs, and any inspection report.
[ ] File a written answer if your court requires or permits one.
[ ] Plead every defense: defective notice, defective service, habitability, retaliation, discrimination or failure to accommodate, payment, tender refused, waiver by accepting rent, improper parties, licensing or registration failure, and any subsidized-housing procedural failure.
[ ] Assert counterclaims where your court permits them.
[ ] In the hallway, say: "I'd like the judge to hear my defenses before I agree to anything."
[ ] Do not sign a stipulation you have not read.
[ ] If you must settle, insist on dismissal on completion, a notice-and-hearing clause instead of automatic execution, and any repair obligation written in with a date.
[ ] If you cannot attend, request a continuance in writing before the date.

Why it matters, and the traps. All of these defenses are affirmative and all are waived if not raised.

The hallway resolves more cases than the courtroom. The standard stipulation enters judgment now, stays execution while you pay, and permits immediate execution on one missed payment without further hearing — which is why tenants with real defenses are evicted four months later over a small shortfall.

Phase 8 — Judgment, the writ, and self-help

[ ] Understand that a judgment is not a lockout — a writ of possession must issue and be executed by an officer.
[ ] Ask about staying execution or additional time for hardship.
[ ] Check whether your state allows redemption by paying the judgment.
[ ] Consider a motion to vacate if you never received the papers, or appeared and were defaulted in error — move promptly.
[ ] Note that a bond requirement pricing you out of appeal is vulnerable under Lindsey v. Normet, 405 U.S. 56 (1972).
[ ] If the landlord changes the locks, cuts utilities, or removes your property, that is unlawful in nearly every state — document it immediately with photographs and a police report.
[ ] Statutory penalties for self-help are commonly one to three months' rent plus attorney fees.
[ ] Confirm the storage and notice rules for property left behind.
[ ] Treat any money judgment as an ordinary debt — 15 U.S.C. § 1692g validation and 15 U.S.C. § 1673 garnishment caps apply.

Why it matters, and the traps. Self-help is where a landlord who was winning becomes a defendant. It is also the moment tenants most often assume they have no recourse, and they usually do.

Phase 9 — Deposits, records, and after

[ ] Give the landlord a written forwarding address — in many states the itemization clock runs from receipt of it.
[ ] Photograph or video every room at move-out, dated.
[ ] Request a joint walk-through where your state provides one.
[ ] Calendar the statutory deadline for the itemized statement — commonly 14 to 30 days.
[ ] If it does not arrive, note the penalty is frequently two or three times the deposit plus fees, sometimes regardless of whether deductions were justified.
[ ] Remember normal wear and tear is not damage — faded paint, traffic-path carpet wear, small nail holes.
[ ] Consider small claims — see Filing and Trying a Small Claims Case: A Practical Checklist.
[ ] Pull your tenant screening report — 15 U.S.C. § 1681g.
[ ] Dispute errors with the screening agency, not the landlord — 15 U.S.C. § 1681i.
[ ] Ask whether your jurisdiction provides sealing or expungement of eviction records.

Why it matters, and the traps. An eviction filing — even one you won — appears in screening reports for years. Sealing is frequently available and almost never volunteered.

Model letters

A. Repair demand

"This concerns [address], unit [___]. The following conditions remain unrepaired: [describe each specifically, with the date first reported and the method]. I first reported [condition] on [date] by [method], and again on [dates]. These conditions affect [health/safety/habitability] because [reason]. I request repair within [N] days. If they are not repaired I intend to pursue the remedies available to me under [state] law, including [rent escrow / repair and deduct / abatement]. Please respond in writing."

B. Follow-up converting a verbal report to writing

"I am following up in writing on my telephone call of [date] to [name] regarding [condition] in unit [___]. As I described then, [condition and effect]. I have not received a response. Please confirm in writing when the repair will be made."

C. Reasonable accommodation request

"I am a person with a disability and I am requesting a reasonable accommodation under the Fair Housing Act, 42 U.S.C. § 3604. The accommodation I am requesting is [specific request]. It is necessary because of my disability in that [connection between the need and the accommodation, without unnecessary medical detail]. I am happy to provide verification from my health care provider of the disability-related need. Please respond in writing within [N] days."

D. Housing authority hearing request

"I received a notice dated [date] proposing to terminate my housing assistance. I request an informal hearing under 24 C.F.R. part 982 and the authority's administrative plan. I request a copy of my file and all documents the authority intends to rely on, in advance of the hearing. Please confirm the hearing date in writing."

E. Post-lockout demand

"On [date] at approximately [time], you [changed the locks / removed my belongings / shut off utilities] at [address], excluding me from my home without a court order and without an officer executing a writ of possession. This is unlawful under [state statute]. I demand immediate restoration of possession and utilities. I intend to pursue all remedies, including statutory damages and attorney fees. Photographs and a police report reference number are attached."

Failure modes, ranked

Not appearing in court. Everything else is downstream of this.
Moving out on a notice, giving up every defense and keeping the money judgment.
Not reading the notice against the lease — the arithmetic is where the defense hides.
Withholding rent without using the statutory mechanism.
Reporting repairs verbally, leaving no record.
Not raising habitability or retaliation — affirmative defenses, waived if unraised.
Signing a hallway stipulation with an automatic-execution clause.
Missing the housing authority's separate hearing while defending the court case.
Never making a written accommodation request.
Assuming a lockout is lawful and not documenting it.
Missing the deposit itemization deadline on the tenant side by never sending a forwarding address.
Ignoring the screening record, including available sealing.

Yolanda's file, assembled

The running example is worth seeing as a stack of paper, because that is what a defense actually is.

Tab 1 — The notice. The original, plus a photograph showing it taped to the door, plus a note in her handwriting: "Found 6:40 p.m., Tuesday, March 11. My neighbor Ms. Adeyemi saw it too."

Tab 2 — The lease. With three passages highlighted: the rent amount ($1,340), the late fee provision ($40), and the absence of any clause authorizing an administrative fee or a lock-change charge.

Tab 3 — The arithmetic, on one page.

Item	Demanded	Authorized by lease	Difference
Rent	$1,340	$1,340	—
Late fees	$665	$80	$585
"Administrative fee" ×2	$100	$0	$100
Lock change	$75	$0	$75
Total	$2,180	$1,420	$760

One page. It is the strongest document in the file, and she made it herself in twenty minutes.

Tab 4 — The repair record. Four written requests, in date order, each with the delivery method noted. Two unanswered texts, screenshotted with timestamps. Eleven photographs of the ceiling, dated, showing progression from a stain in November to visible sagging in February.

Tab 5 — The inspection. Her request to code enforcement, dated, and the inspector's report citing two violations. This is the document a judge will credit above everything else in the file, and it cost a phone call.

Tab 6 — The money. Her escrow deposit receipts. She did not spend the rent; she paid it into the mechanism her state provides, on time, every month, with proof.

Tab 7 — Payment history. Twenty-six months of on-time payments before the arrears began, printed from her bank.

What the file is worth. Nothing, if she does not appear. Everything, if she does — because the case is no longer her word against a landlord's. It is a defective notice on its face, a documented four-month habitability record with a municipal inspection behind it, a retaliation presumption triggered by the code complaint, and a tenant who has been paying into escrow rather than pocketing the rent.

The five-minute triage

When there is no time for the full checklist, answer these in order. The first "yes" is where the work is.

Is there a court date, and has it passed? If it has, go to Phase 8 and the motion to vacate. If it has not, calendar it now.
Does the notice demand anything other than rent? If yes, Phase 2 — that may be the whole case.
Is there any written record of a repair request? If yes, Phase 3. If no, create one today for anything still unrepaired.
Is the rent being withheld outside a statutory mechanism? If yes, fix it immediately — Phase 4.
Is the housing subsidized? If yes, there is a second clock running — Phase 5, today.
Was there a protected act in the last six to twelve months? If yes, retaliation — Phase 3.
Is there a disability-related need nobody has been asked to accommodate? If yes, Phase 6.
Has the landlock been changed or utilities cut? If yes, Phase 8, and document within the hour.

What to say, in the order you will need it

To the clerk, on arrival: "I'm here for case number [___]. Is there a tenant help desk or duty attorney available today?"

To the landlord's attorney in the hallway: "I'd like the judge to hear my defenses before I agree to anything."

If pressed to sign: "I'm not able to agree today. I'd like the case called."

To the judge, when the case is called, in three sentences:

"Your Honor, I dispute the amount. The notice demands $2,180, but my rent is $1,340 and the difference is fees that do not appear in my lease.

I am also raising the implied warranty of habitability. I have four written repair requests about a leaking ceiling going back to November, and a code inspection report finding two violations.

And I'm asserting retaliation, because this case was filed after I called code enforcement. I have my rent in escrow and I have brought copies of everything."

If a payment agreement is genuinely right: "I can agree to a schedule, but I'd like the case dismissed when I finish rather than a judgment on the docket, I'd like notice and a hearing if I miss a payment instead of automatic execution, and I'd like the repair written in with a date."

Three sentences worth memorizing

"Go to court on the date on the paper." — nothing in this checklist matters otherwise.

"Read the notice against the lease." — the arithmetic is where the defense usually is.

"I'd like the judge to hear my defenses before I agree to anything." — the sentence that keeps the hallway from deciding the case.

Defending an Eviction and Enforcing a Tenant's Rights: A Practical Checklist

How to use this checklist

Phase 1 — The first forty-eight hours

Phase 2 — Audit the notice

Phase 3 — Build the habitability and retaliation record

Phase 4 — The rent question

Phase 5 — If the housing is subsidized

Phase 6 — Accommodation and discrimination

Phase 7 — The court day

Phase 8 — Judgment, the writ, and self-help

Phase 9 — Deposits, records, and after

Model letters

A. Repair demand

B. Follow-up converting a verbal report to writing

C. Reasonable accommodation request

D. Housing authority hearing request

E. Post-lockout demand

Failure modes, ranked

Yolanda's file, assembled

The five-minute triage

What to say, in the order you will need it

Three sentences worth memorizing

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