eviction! need advice!

My rental unit is seriously uninhabitable. I have tried to get the LL to make repairs for over 3 yrs. and everytime its the same, she has excuses or just doesnt say anything about it. We have been going through the eviction process for a little over a year and each time it was dismissed before trial. Im in serious need of advice she has now hired an attorney which served us a 3day notice today. I know that we have a good case to fight but im not sure how and what to say in legal form. This is my situation maybe someone can help me. There is no heater, the plumbing is jack up where the sewage backs up into the tub, and the toilets clogged, its infested with cockroaches (which has gotten into everything t.v., microwave, toaster, clothes, etc.) Utilities were included in the rent, but somehow she went to court without us and got relieved of paying utilities, she comes on the property when every she feels like it and stays for a weekend with her grandkids and daughter or son, which invades our privacy. Theres is just sooo much more to say but that could take along time to list. What can I do? please help. Oh in Oct of last year we had her sign a agreement to put in a heater and to have the house professionally sprayed for roaches. Instead of her taking care of repairs she made an excuse on why she cant fix anything, so we decided to withhold rent, we havent paid for a year this month, in the 3day notc the atty is askin for 11k!! which is outrageous!!!! please help running out of time

Whoa! You are in serious straits here. There are several issues you need to answer/address.

First, how long have you lived in the unit? Do you have a current lease or are you month to month tenants? If you are month to month, she can change the terms of the agreement to make you responsibble for the utilities by giving proper notice. Since she won this in court and you didn't appear, it seems she won this by default.

The LL stays at the property? Is this a property with 2 units on it? If so, the LL may have kept possession of the other unit and is free to use it. Do you rent the area she stays in? Or is it a seperate apartment or house?

Next, a court will have a problem with you claiming uninhabitability for 3 years, yet continuing to live there all this time. If a place is uninhabitable, no one could live there. It sounds as if the place is in that condition, but by continuing to live there, you may have indicated that you accept those conditions.

Also, what state is this in? Rent withholding for an uninhabitable unit is supposed to be deposited with the clerk of court each month or in their special account at a bank (depending on the state law). You indicate that you have paid NO rent, not rent to the clerk of court or a special account. That is not rent withholding. That is failure to pay rent and can easily get you evicted. By not following the rules for rent withholding, you have put yourself in a very bad position. Do you have the rent for the last 12 months that you haven't paid? If you had done rent withholding correctly, it would be there in an account that the LL could see but couldn't touch. Had it been deposited correctly, a judge would say that you had paid your rent and that the LL could not evict you over it. But by just keeping the rent, you have paid nothing and can be evicted.

Depending on your state and its laws, you had several options available to you: Rent withholding with the court, repair and deduct where you make the repairs and deduct it from your rent, or to terminate your rental agreement and move out. It appears you did not use any of them correctly. You will have little chance in court without following the law. You could claim she was trying to retaliate, but since you haven't paid for an entire year, you have little chance of winning. I suggest you move out before she files eviction with the court.