<>stream In these cases, it is often possible to challenge the owners decision to raise the rent to the market rate. For example, suppose that you enter into a software development contract where the developer team is contracted on the basis of their specialized training and experience in a particular subject matter. To win on a bilateral mistake defense, the defendant must prove that (a) both parties were mistaken about a material fact, and (b) defendant wouldnt have agreed to enter into the contract if they knew about the mistake. The new contract discharges, immediately, the previous contractual duty or a duty to make compensation; it creates a new contractual duty and includes, as a party, one who neither owed the previous duty nor was entitled to its performance. Cueto Law Group, P.L. That is, he must use [T]he acceptance of rent following a breach has long been considered to be highly indicative of an intention to waive. Wolfram, 328 Ill. App. The panel further held that Enterprise did not waive its affirmative defenses to the breach of contract claim by not filing an answer to the Second Amended Complaint, where Enterprise had raised the same affirmative defense in the First Amended Complaint. 2002) (citing Illinois Merchants Trust Co. with approval and noting that the prevention of a forfeiture is within the protecting care of equity whenever wrong or injury will result from its enforcement.). state the reasons for the landlords action with enough specificity so as to enable the tenant to prepare a defense. 24 C.F.R. It is an affirmative defense to a breach of contract claim to argue that the contract is fundamentally unenforceable due to illegal terms. Affirmative Defense No. An affirmative defense is a defense that essentially provides a reason why you should win even if the plaintiff in a lawsuit can prove its case. ]| .J]aw9;R]Ch|e[?uGp&t^0a? 3d at 223. Peoria Housing Auth. A breach of contract occurs when one or more parties dont fulfill a written or oral agreement. endstream endobj startxref 1971) (allegations of racial discrimination are pertinent and germane under Rosewood to the distinctive purpose of the [eviction] proceeding); Fayyumi v. City of Hickory Hills, 18 F. Supp. 983.257, 24 C.F.R. 356. (internal quotation marks omitted). c. Owners/Lessees Damages for Breach of Contract to Construct Improvements on Real Property. WebAffirmative Defenses to a Breach of Contract. Waiver is typically applicable as a defense in situations where one party assures the other party to the contract that strict compliance to specific contract terms, duties, and obligations will not be necessary. 499 (Md. Wells Fargo Bank v. McCondichie, 2017 IL App (1st) 153576, 11. Suppose that a defendant-manufacturer encounters issues in their manufacturing process that make a timely delivery of goods unlikely. Asserting an affirmative failure to mitigate defense will simply minimize your damage liability it will not eliminate it altogether. See Bryson v. News America Publications, Inc., 174 Ill. 2d 77, 95 (1996) (declining to rely on 1888 appellate court decision holding that it is not per se defamatory to call a woman a slut, in part because [a]ppellate court decisions issued prior to 1935 ha[ve] no binding authority.). 358. at 250. d) it was reasonable for the breaching party to believe that the misrepresented fact was true and to rely upon it. Why? 1913) (retention for three months constitutes acceptance.). He hasexperience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation. 979 N.E.2d at 901. Webtime including six affirmative defenses: (1) unclean hands; (2) breach of contract; (3) failure to mitigate damages; (4) promissory estoppel; (5) laches; and (6) a setoff from the amounts otherwise due to Champion based on lost rental income dating back to the lockout. App. You could assert an affirmative failure to mitigate defense on the basis that the plaintiff made no reasonable attempt to mitigate their damages by finding an alternative buyer. It would be paradoxical, indeed, to hold that if these were actions to recover sums owed for rent the defendants would be permitted to prove that damages suffered as the result of the plaintiffs' breach of warranty equaled or exceeded the rent claimed to be due, and therefore, that no rent was owed, and at the same time hold that because the plaintiffs seek possession of the premises, to which admittedly, they are not entitled unless rent is due and unpaid after demand, the defendants are precluded from proving that because of the breach of warranty no rent is in fact owed. Id. 1987) (relying on a HUD Circular dated 4/24/86, in which the agency took note of the staggered payment system for public assistance benefits in Illinois). No more conclusive waiver of the right of re-entry could be imagined.). The ability to cure may depend on who committed the crime. A cause of action for breach of a construction contract and/or One such affirmative defense is the Statute of Limitations. Engaging in a fraudulent act or lying with regard to the contract itself 3. WebChoose the Client Breach of Contract product; Provide requisite info about the agreement and the client; Include a payment deadline for the client; Attach photos as evidence (if you have any) DoNotPay also presents all the necessary information about the affirmative defenses to breach of contract, so you will be better prepared for a lawsuit. 982.310(e)(1)(i) and 983.257(a). Id. The information presented should not be construed to be legal advice nor the formation of a lawyer/client relationship. "your articles on the changes to the child support law are very well-written and informative.. at 6-7. 1994) (setting forth elements of promissory estoppel claim in landlord-tenant dispute). Promissory Estoppel The These are: 1. v. Witz, 147 Ill. App. of Denver, 761 P.2d 180 (Colo. 1988), in which the public housing resident tendered all the rent demanded in the second notice before it expired). In Perkins, the Supreme Court of Connecticut held that a termination notice demanding not just the rent due but many superfluous charges was invalid because it did not provide the tenant with enough information to prepare a defense. 880.607(c)(1). Acceptance of rent accruing subsequent to a breach is one such inconsistent act. Helgason, 158 Ill. 2d at 102. If the dispute goes to trial, the person being sued has the duty of proving their defense. To calculate the proper date, follow the statute on statutes, which provides that, The time within which any act provided by law is to be done shall be computed by excluding the first day and including the last, unless the last day is Saturday or Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in this State, and then it shall also be excluded. If you want to see the appellate court bend over backwards to affirm the dismissal of KCRO defenses and claims, take a look at this Rule 23 Order: Transforming Hous., LLC v. Williams, 2018 IL App (1st) 180254-U (affirming decision to both deny pre-trial motions to dismiss eviction actions because of Plaintiffs violation of the KCRO, and decision to rule after trial for Plaintiff on counterclaims alleging violations of KCRO). Both parties to a contract have obligations and duties. 966.4(l)(3)(iv). 619 0 obj <> endobj A notice that fails to comply with the specificity requirement is insufficient to terminate the tenancy. Assoc. See Draper & Kramer v. King, 2014 IL App (1st) 132073, 31 (Although the decisions of foreign courts are not binding, the use of foreign decisions as persuasive authority is appropriate where Illinois authority on point is lacking or absent.) (citation omitted). Waiver is the express or implied voluntary and intentional relinquishment of a known and existing right. Wolfram, 328 Ill. App. In re Cottie, 189 B.R. The family is not responsible for the abated HAPs. . That contract you signed with Oppressive Corp. seemed like a pretty great deal at the time, but no your circumstances have changed and you are looking for a way out; or maybe you didnt read the fine print before signing on the dotted line. During the term of the lease the owner may not terminate the tenancy of the family for nonpayment of the PHA housing assistance payment. 24 C.F.R. 58, 61 (1st Dist. In Diaz, the court rejected the plaintiffs contention that the one-day difference is irrelevant because [the tenant] did not claim that she did, in fact, tender the overdue rent on Monday, October 22. Affirmative Defense - Breach of the Implied Covenant of Good Faith and Fair Dealing - Good Faith Though Mistaken Belief Judicial Council of California Civil Jury Instructions (2022 edition) Download PDF 2424.Affirmative Defense - Breach of the Implied Covenant of Good Faith and Fair Dealing - Good Faith Though Mistaken Belief The source of the right in the landlord to declare a forfeiture is not important. The PHA failure to pay the housing assistance payment to the owner is not a violation of the lease between the tenant and the owner. Laches is an equitable doctrine which precludes the assertion of a claim by a litigant whose unreasonable delay in raising that claim has prejudiced the opposing party. Tully v. State, 143 Ill. 2d 425, 432 (1991). See Moon v. Spring Creek Apts., 11 S.W.3d 427, 433 (Tex. The court first recognized that claims which are germane to the issue of possession generally fall into one of the following four categories: Claims asserting a paramount right of possession; Claims denying the breach of any agreement vesting possession in plaintiff; Claims questioning the validity or enforceability of the document upon which plaintiff's right to possession is based; and. Affirmative Defenses To Breach Of Contract Claim Facing a breach of contract lawsuit as a person, business or entity means that you may have to pay the Example: A contract to lease part of a liquor license will not be enforced because splitting a liquor license between two parties and two locations violates the public policy of the state. 1996) (lessee did not materially breach lease term, so lessors successors in interest were not entitled to terminate lease.). Other good cause (including criminal activity). 3. WebAffirmative defenses include any defense, in fact, or law, which would prevent the Plaintiff from winning the case. 1999). Contracts need a meeting of the minds. Both parties must agree upon all essential contract terms to be enforceable. Term. [One] reason not to enforce a forfeiture provision is to prevent injustice that may result from ejecting the tenant. Daugherty v. Burns, 331 Ill. App. In the contract context, undue influence may occur if for example a third-party (perhaps the defendants financial advisor) convinced the defendant to enter into a poor contract while benefitting. As an initial matter, the doctrine of clean hands applies only to a plaintiff who is seeking equitable relief, or to a defendant who has filed a counterclaim. 432. Ignoring this fact, the Milton court relied on the Powell courts decision to affirm the dismissal of a different counterclaim seeking monetary damages for the landlords violation of the RLTOs warranty of habitability provision. Check your email for your free Estate Planning Guide. at 224. However, if a contract is not properly drafted, it could be held unenforceable, Pa. 1995). See Sayles v. Greater Gasden Hous. Enter to open, tab to navigate, enter to select, https://content.next.westlaw.com/practical-law/document/If6420b0f6ac711eaadfea82903531a62/Breach-of-Contract-Defenses-Checklist-IL?viewType=FullText&transitionType=Default&contextData=(sc.Default), Breach of Contract Defenses Checklist (IL). Unclean Hands Affirmative Defense If a party feels another party has wronged them, they can choose to use an affirmative defense of unclean hands to prevent the other party from trying to enforce a contract or to The Group B affirmative defenses are those mentioned in Section 5(b), Rule 6 of the Rules of Civil Procedure. The validity of the new contract. Affirmative Defense - Causation: Third-Party Conduct as Superseding Cause CACI No. 355. Novation occurs when a valid new contract or obligation is created and a valid existing contract or obligation is extinguished. v. Carlson, 979 N.E.2d 891, 896 (2d Dist. In order for there to be a novation, four elements are required: A subsequent agreement of all the parties to the new contract; The extinguishment of the old contract; and. Web(1) A release or covenant not to sue as to one tortfeasor for property damage to, personal injury of, or the wrongful death of any person shall not operate to release or discharge the liability of any other tortfeasor who may be liable for the same tort or death. An affirmative equitable estoppel defense would be applicable under such circumstances. @"7o}U~R}?? This defense applies if the person suing you failed to honor a promise or written warranty for services. at 359 ([A] tenant may bring an action against his landlord for breach of a covenant or may recoup for damages in an action brought to recover rent.). Sellers Damages for Breach of Contract to Purchase Real Property. % Enter your email below for your free estate planning e-book. Obviously, it is inconsistent for a landlord to claim that a tenant has breached the lease, but then enter into a new lease with the same tenant. Superior Housing Authority v. Foote, 158 Wis. 2d 732 (Wis. Ct. App. Wood relied on Seidelman v. Kouvavus, 57 Ill. App. 3d 851, 852 (1st Dist. Forcible entry and detainer actions are special statutory proceedings in derogation of the common law., In Goldberg v. Kelly, 397 U.S. 254, 267-68 (1970), the United States Supreme Court held that a public aid recipient is entitled, as a matter of due process, to timely and adequate notice detailing the reasons for a proposed termination.. )PuK50M;C|k:CjZu~Bi. Livecchi v. Pyatt, 2003 WL 21246096, *7 (County Court, Monroe County 2003) (if PHA had terminated the HAP Contract, owner would have been legally entitled to increase tenants monthly rent payments, but only after first complying with state law by giving the tenant notice of the proposed rent increase at least one month before the expiration of the term.). In Illinois, contract law requires that the injured party make reasonable efforts to mitigate their breach of contract damages. It includes common defenses to contract formation, contract performance, the plaintiff's ability to bring the Public housing resident was permitted not only to dispute that she owed rent, but to file a counterclaim seeking to recoup rent that she had allegedly overpaid, and the trial court erred by striking this counterclaim. [E]vidence of acts inconsistent with a declaration of a termination of the lease may prove waiver of the breach, which operates to reinstate the lease. There are no fixed rules for when laches applies and the court must examine all the circumstances, including the defendant's conduct. Whitlock v. Hilander Foods, 308 Ill. App. 1984) (collecting cases). 3d at 224 n.9. 247.4(a). A program to help you complete the forms to ask for more time in your rental unit before being evicted. Affirmative Defense - Causation: Third-Party Conduct as Superseding Cause Illinois Law dean Vikram David Amar explains how rankings for law (and medical) schools can benefit from innovations in college sports rankings. 1996), the Illinois Appellate Court expanded the definition of protected activity set forth in the statute to include obtaining an order of protection. Code, 3306) 357. 1. It is clear that claims of racial discrimination and civil rights violations . Marriott v. Shaw, 574 N.Y.S.2d 477 (N.Y. Civ. A premature filing certainly warrants dismissal of the case, but it does not deprive the court of subject matter jurisdiction. Co. v. Helgason, 158 Ill. 2d 98, 102 (1994); see also McGill v. Wire Sales Co., 175 Ill. App. The default rule may be summarized as follows: In any case where possession is sought on the basis of delinquent rent, it is legally permissible for the defendant not only to deny liability for rent, but also to seek recoupment of overpaid rent. Id. WebAn implied warranty of merchantability is a type of warranty defined in U.C.C. The complaint does not contain enough facts to state a cause of action against this defendant. When the PHA is required to afford the tenant the opportunity for a hearing under the PHA grievance procedure for a grievance concerning the lease termination, the tenancy shall not terminate (even if any notice to vacate under State or local law has expired) until the time for the tenant to request a grievance hearing has expired, and (if a hearing was timely requested by the tenant) the grievance process has been completed. 24 C.F.R. 3d 240, 247 (2d Dist. at 620, the plaintiffs argued that, if acceptance of rent is interpreted as a waiver of minor breaches, a lessor has no recourse against a tenant whose actions, when considered separately, might not constitute a breach of the lease but which would be a breach when viewed as a consistent course of conduct.. 3d 89, 92-93 (1st Dist. Five months before the probationary period ended, CHA filed an appeal and challenged the trial courts exercise of its equitable powers. Absent a disconnection of service, a tenants failure to pay utility bills does not warrant eviction. 10. Subsidized Properties using the HUD Model Lease, As noted above, paragraph 23(e) of the lease provides that every termination notice must inform the tenant that she has 10 days within which to discuss the proposed termination of tenancy with the Landlord.. Renaissance Equity Holdings v. Bishop, 2011 WL 488721, *2 (Civil Court, King County 2011) (It is well established that upon termination of the subsidy, a tenant will not be liable for the subsidy portion of the rent unless there is a new agreement in which the tenant agrees to pay the full rent.). of Covington v. Turner, 295 S.W.3d 123 (Ky. Ct. App. WebA breach of contract is where one party fails to fulfill his or her contractual promise or obligation. Preserving the right to evict while accepting rent. a. Corp. v. Diaz, 2014 IL App (1st) 131261-U (5-day notice stating that lease would terminate on Sunday, October 21, unless tenant paid the rent due by that date was invalid on its face because, under the statute on statutes, tenant had until Monday, October 22 to comply with the demand for rent). Id. WebThe theory is a common law doctrine which has risen as an affirmative defense to breach of contract actions, and allows a party to rescind or abandon a contract based on impossibility of performance. 1998) (For a party to terminate or rescind a contract . On November 5, 2009, CHA filed an eviction action against her, alleging that she had violated the lease by possessing marijuana. 2d 489 (PHA had no cause for terminating tenants lease because of disconnected utility service, where utilities were restored shortly after they were disconnected, no property damage occurred, no other residents were placed in danger because of disconnection, tenant's gas bill for month before disconnection was unusually high because of winter storm, and her income from public assistance did not allow for increased utility bills in extreme weather months). Waiver is the voluntary relinquishment of a known right, arising from a consensual, affirmative act. . Absent one or more substantial violations, [m]aterial noncompliance requires a pattern of repeated minor violations of the lease, not isolated incidents. Id. The form to use for the Illinois Rent Payment Program, if you do not have proof of income. During the abatement process, the family remains responsible for its share of the rent. Defendants reliance was expected and forseeable by Plaintiff. Rosewood Corp. v. Fisher, 46 Ill. 2d 249, 256-57 (1970) (claims of discrimination and civil rights violations are equitable defenses germane to the distinctive purpose of the forcible entry and detainer actions); Marine Park Assoc. ILAO's tax identification number is 20-2917133. https://www.illinoislegalaid.org/legal-information/eviction-practice-affirmative-defenses-and-counterclaims. There is no novation where the party's obligations under the original agreement remain unchanged by the subsequent agreement. Id. E.D. The appellate court dismissed this appeal for want of jurisdiction, but the case is instructive. in affirming the dismissal of the defendant's counterclaim [under the Chicago RLTO] seeking a refund of overpaid rent for [the plaintiff's] breach of the implied warranty of habitability. Id. 882.511(d)(2). The Illinois Appellate Court addressed this defense in Holsten Mgmt. You can also claim that the contract was not finalized. Prescription. 2-314.U.C.C. For programs governed by 24 C.F.R. Both the Chicago and Evanston RLTOs provide that, when the tenant is facing eviction for a violation other than nonpayment of rent, the termination notice must inform the tenant of the right to cure the violation (provided it can be cured) before the cure period expires. 3d 784, 793 (1st Dist. Id. prejudice to the opposing party resulting from the delay. In executing that agreement, as noted by the court, the parties did not reserve or require the payment of any past due rent under the old lease. The defendant detrimentally relies on this statement and makes the delivery (taking on the cost burden of completing manufacture and delivery of the goods), but the plaintiff subsequently rejects the goods on the basis of the late delivery. As the amici point out, a growing body of research confirms that many low income tenants do not understand the procedural complexities of housing court. 3d 207, 222-23 (1st Dist. Ct. Spec. Such notice will preserve the lessor's objection to his tenant's conduct, and acceptance of rent under those circumstances cannot reasonably be interpreted by the tenant as acquiescence. The purposes of the notice requirement include providing tenants with grace periods to make slightly late rent payment and avoid loss of their leasehold, and to provide fair warning to tenants, in cases where there might be a dispute or misunderstanding over the rent amount or its transmission, that the landlord has not received the rent due. It is similar in many ways to waiver, and the two affirmative defenses are often confused with one another. Instead, an affirmative defense is a defense that, if true, negates what would otherwise be unlawful conduct. . Auth., 658 So. WebDefenses to breach of contract: Material breach by the other party: If the person that you contracted with has himself breached the contract, then you are no longer bound by it, Updated by Barry Montgomery on Dec 28, 2017. The equitable estoppel defense implies that the breaching party was misled by the plaintiffs conduct or statements to their detriment. Id. Co., Inc. v. Bonifacio, 906 N.Y.S.2d 770 (N.Y. Civ. x=r$w~Oa 11. 3d 1033 (1st Dist. Successive termination notices do not constitute waiver if the second notice merely updates the first and would not lead a reasonable person to believe that the landlord was waiving its right to rely on the first notice. b. Id. Champion responded with a motion to strike the affirmative defenses. 3d 56, 59 (1st Dist. Running of the Statute of Limitations. 3d 562, 568 (4th Dist. Second demand might give tenant opportunity to comply with demand and thereby preserve tenancy. Committing a tort or crime with regard to the contract, i.e., bribery 4. 635$ 2;F3m$]brAG?nYgYn=>-w&s`1ALFI"*)o$yAA99QsW^2T(;b+slSrdU>gbX -^Mga@ `4 A termination notice need not identify the date on which the lease agreement will terminate. WebA breach of contract is where one party fails to fulfill his or her contractual promise or obligation. 3d 456, 464 (2d Dist. Thank you! This defense applies if the services provided by the person suing you failed to meet the custom and standard within the industry. At BrewerLong, our business law attorneys can help you understand how to defend your business against a breach of contract claim. Illinois Merchants Trust Co. was decided prior to 1935 and is therefore not binding authority because it predates an amendment to the Courts Act that conferred precedential authority to Illinois Appellate Court decisions. WebAFFIRMATIVE DEFENSES (NEGLIGENCE) ATTACHMENT 6 . 3d at 94. 556, 557 (N.D. Ill. 1981); see also 24 Ill. Law and Prac., Landlord and Tenant, 111. Because breach of warranty is based on a contract between the parties, the defendant can require the plaintiff to do certain things to obtain a remedy. Wills &Trusts, Elder Law, Estate Tax, Probate and Special Needs Planning. v. Witz, 147 Ill. App. Where the notice, as here, sets forth a deadline that is earlier than the actual, legal deadline, the tenant may rely on that information and decline to make a payment after the specified date, in the mistaken belief that the late payment would be futile. 5.858 through 5.861eviction for drug and alcohol abuseapply to this part. I am personally committed to ensuring that each one of our clients receives the highest level of client service from our team. 1 0 obj <> endobj 2 0 obj <> endobj 3 0 obj <> endobj 4 0 obj <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/eCopyCompressed true/eCopyResX 300/eCopyResY 300/Annots 59 0 R>> endobj 5 0 obj <>stream WebDefendant is indebted to Plaintiff for goods and services plus contract interest purchased on an open account on a theory of account stated. has been stated to arise where (1) an unexpressed intention to waive can be clearly inferred from the circumstances or (2) the conduct of the waiving party has misled the other party into a reasonable belief that a waiver has occurred. Id. 2. For example, a claim seeking damages for violating the Chicago RLTOs prohibition against retaliatory evictions is germane. In Barrick & Assoc. Two elements are necessary to a finding of laches: lack of diligence by the party asserting the claim; and. WebAffirmative Defenses These defenses do not assert that a breach of contract didnt occur but that the other party should not win the lawsuit. 709 0 obj <>stream Group B affirmative defenses. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. 2022 O'Flaherty Law. The owner may terminate the lease agreement without good cause at the end of the initial or any successive term because the family may then move to another unit where the family may receive the benefit of its tenant-based rental assistance. See Digesu v. WebI. This kind of Owner is holding family responsible for abated subsidy payments. Check your email for your free UPDATED Guide to Divorce. A landlord may not reject a rent payment on the grounds that the money is coming from a third-party. . x|y@W=y,jHBHX,A\ [*VnZZ+].N[;T:v:NgwV}|BHiYMVH4!VBjnS,>Bk'-X:7v|$!er$I4G~ !cp #MMk1{,harK yaJ$$0w Chicago Housing Authority v. Taylor, 207 Ill. App. After nearly four years of litigation, which might be a record for an eviction action, the trial court granted CHAs motion for summary judgment. A Checklist of common defenses available to a defendant when responding to a complaint that pleads breach of contract claims under Illinois common law. Helgason, 158 Ill. 2d at 103 (assistance payments do not constitute rent.). As noted above, cases decided before 1935 are not binding, but they are still persuasive. 3d 878, 884 (1st Dist. What the lessor may not do, however, is consistently accept rent from a problem tenant without objection, warning, or comment, and then attempt to forfeit the lease based on his prior behavior. Id. Lemle 58th LLP v. Wolf, 872 N.Y.S.2d 691 (N.Y. Civ. Fraud. Licht v. Moses, 813 N.Y.S.2d 849, 851 (N.Y. App. App. In the federal housing programs, therefore, any termination notice must set forth good cause for termination with enough specificity to enable the tenant to prepare a defense. 2006) (In the absence of a new agreement, after the termination of the subsidy, in which the tenant agrees to pay the non-tenant share of the rent, a nonpayment proceeding will not lie to recover that portion of the rent, even in those instances in which the Section 8 subsidy has been properly terminated.). It is the substitution . of a new obligation in lieu of an old one. WebAffirmative defenses to breach of contract. 966.4(l)(3)(ii). The plaintiff may argue that the defendant is not entitled to equitable relief because she does not have clean hands. Since the parties did not provide in the new lease that defendant's obligations under the old CHA lease were not discharged, it appears that any residual responsibilities of defendant under the old lease were discharged when the lease was executed. Id. . Nevertheless, Day-Luellwitz has not been overruled, so it still constitutes persuasive authority. [T]he recertification process is a necessary step in qualifying for HUD assistance payments and therefore does not constitute a waiver of a breach of a lease. Burnham v. Davis, 302 Ill. App. Use this form if you were sued for eviction after your landlord posted the eviction notice on your door. After reviewing this form, you may decide that none of the affirmative defenses it describes apply to your case. at 4. Judicial sale purchaser's purported failure to comply with city ordinance that provided for the payment of relocation assistance fees to qualified tenants displaced by a foreclosure action constituted a valid defense to purchaser's eviction action. Issuing successive termination notices may or may not constitute waiver.