43.1408 Circumstances precluding entry of judgment for possession-Retaliatory termination of tenancy defense.

Cite as [A.S.C.A. § 43.1408]

A judgment for possession of the premises for an alleged termination of tenancy may not be entered against a defendant if one or more of the following is established:

(1) the alleged termination was intended primarily as retribution for a lawful act arising out of the tenancy;

(2) the plaintiff attempted to increase the defendant’s obligations under the lease or contract as a penalty for a lawful act and that the defendant’s failure to perform the additional obligations was the primary reason for the alleged termination of tenancy; or

(3) the plaintiff committed a breach of the lease which excuses the payment of rent if possession is claimed for nonpayment of rent.

History: 1984, PL 18-27 § 1, 1986, PL 19-41 § I