Affirmative defenses in a forcible entry and Detainer action?

Answer 1

The question is not clear as to who is asking it. The landlord, or the tenant?

Following is a complete definition of the offense. Read it over and draw your own conclusions.

A Forcible Entry and Detainer is an action that a landlord, or new property owner can take if the existing occupant refuses to leave after appropriate notice. This occupant could be either a tenant or original owner of property that was sold at a foreclosure or trustee's sale. The laws governing forcible entry and detainer actions are different if the property is residential or non-residential.

The tenant/occupant must receive a written demand to vacate the property. The term of the period to vacate is dictated by the type of occupancy - whether commercial or residential and whether a tenant or a owner that was foreclosed on. This term normally is either 5 or 7 days, unless the contract states otherwise. After the 5-7 days expire and the tenant/occupant still refuse to leave then a complaint for a forcible detainer action can be filed. The statutes provide for a short notice period before a court hearing. The sole issue at the court hearing is whether or not the tenant/occupant has the right to possession. If they do not then they will be found guilty of a forcible entry and detainer.

Answer 2

Insanity

Intoxication (involuntary)

Duress

Age (below a certain)

Necessity

Defense of a third person

mistake of fact

accident