Affirmative Defense

The defendant denies or admits what the plaintiff says in the complaint and says that there is a justifiable reason. This happens most frequently when the defendant admits that the rent has not been paid, but raises the affirmative defense of "habitability." The Court will schedule a hearing on the affirmative defense.

A defense raised in a responsive pleading, for example, an answer, concerning a matter raised in a pleading; affirmative defenses include contributory negligence or estoppel in civil actions and in criminal cases insanity, duress or self-defense.