Eviction defenses are legally availed reasons as to why you should not be evicted from your home even after your home has been foreclosed. Thus if you have them at your disposal you should not be evicted. The following are the defenses available to tenants:

  1. Your landlord did not terminate your tenancy well: The burden of proof for these defense lies with the landlord who has to prove that they ended your tenancy. However in your side of defense come with supportive documents for your claim(s) which may include invalid notice to quit, rent receipts or cancelled checks to prove you paid. If you are successful the case will be dismissed and the landlord will have to send you another notice to quit should s/he still wish you out.
  2. Your landlord has not properly brought the case: Here the landlord has to prove that this is not the case by showing that the eviction case was properly filed in the court.This defense will only be strong if the landlord failed to properly serve you summons and complaints or began the court process before the time on the notice to quit expired or complaint does not state the reasons for eviction.
  3. Bad housing conditions: Using this in your argument, the judge must be convinced that the alleged conditions existed.The landlord knew of them, neither you nor anyone under your control caused them and that the condition can be corrected without you moving out. Here the judge may order you to pay all the rent you withheld or some of it and where the judge says you don’t owe or you owe and you pay it within 7 days you cannot be evicted but failure to pay you be evicted.
  4. Retaliation; the landlord has to prove with a clear and convincing evidence that your eviction is based on other premises other than your engagement in legally protected activities and that s/he would have brought the eviction in the same manner and at the same time if you had not engaged in those activities.
  5. Discrimination, it is a strong defense to an eviction, even when the landlord says it’s for a reason that is your fault.
  6. Your landlord says you broke the lease; it is a defense if you can show that you did not break any lease conditions and the burden of proof will revert to the landlord to proof in that matter. Among the issues you can raise include illegality of the condition in Massachusetts, violations occurred prior to the renewal among others.
  7. Sale of the premises; where landlord sells the property while your eviction is pending you have a defense against the new owner should s/he proceed with the eviction unless the outgoing landlord assigned him/her rights prior or at the sale.
  8. Landlord violation of the law; if you can proof that your landlord has violated any law related to tenancy for instance the deposit law or has broken rental agreement, the court should not allow your landlord to evict you.