Responding to an eviction

When your landlord files an eviction against you, you will get a notice in the mail. That notice will include a date for a hearing in court.

You need to attend that hearing! This is your chance to tell your side of the story and try to fight the eviction, if you want to do that. Download a sample eviction answer here to file with your court.

If you can’t go on the date they give you, you can ask the court to postpone it -- this is called a “continuance.” You have to file this in writing and explain why you can’t attend the original hearing date. You need to file it as soon as possible, and you might have to pay a fee to the court to file it. Download a sample continuance request here to file with your court.

Now, the court can decide whether to grant your continuance and give you this extra time OR to reject it and continue with the original date. If they reject it, you still need to attend the original date.

The other thing to know is that evictions move very quickly in court. So stay on top of the papers you get from court, and contact a lawyer immediately. They can help you decide if you may be able to defend yourself and fight the eviction.

The first thing you want to do is prepare your evidence. And to do that, you’re going to have to collect a LOT of documents:

• Your lease

• Receipts from all your rent payments

• Letters, texts, emails, or other papers between you and your landlord

• Pictures of the condition of your home

Make sure all these documents are printed. In order for the court to accept evidence, they have to be able to keep it. So if you have pictures or text messages on your phone or computer (like in your social media accounts), print them off -- otherwise, the court will keep your phone or computer for evidence.

The next thing you want to prepare is any witness who can speak on your behalf. Witnesses are people who have been around for your interactions with your landlord, or who can speak to your relationship with them. They could include:

• Family members

• Friends

• Neighbors

• Even your landlord

During your hearing, you will have the right to ask these witnesses questions that may help your case. BUT your landlord will also be able to ask them questions. This is called “cross-examining.” And it works the other way, too. If your landlord calls a witness to ask questions, you have the right to cross-examine them by asking your own questions.

Your witness will have to attend the hearing. If they refuse to come, you can force them by filing paperwork in court called a  "subpoena” This is basically a document from the court that orders this person to come and testify, and you can require them to bring certain documents if you specify what you want.

Lastly, make sure you dress professionally, and be sure to address the judge as “Your Honor.” These are simple ways to present yourself in the best way possible while in the courtroom.

A negotiation is just a conversation you have with someone to try to reach an agreement. In an eviction case, negotiating can help you and your landlord find a solution you both can agree to, and may even keep you from having to go to court.

Before you start negotiating, it is important to understand the other person’s point of view. This will help you make the best offer you can make, because you’ll be thinking about what they want to get out of your agreement. And explaining to them that you understand their perspective will help them be more sympathetic toward you, too, and more willing to work out a deal.

So, remember that your landlord is running a business. They need the money from your rent to continue paying their bills and taxes. They may be willing to negotiate, but they will want to know you will keep up your end of the bargain. Ask them to provide you with a list of what they think you owe them, and compare it to your own receipts and bank statements, to make sure you have a clear picture to start negotiating.

It’s also important to know exactly what you want before you start to make your case to your landlord or their lawyer. If you know that you won’t be able to pay your landlord back right away, try to work out a way you could pay them a little bit at a time. Never promise to make payments you can’t afford. If you need help making these payments, make every effort to find available assistance in your area. Your local United Way or Community Action Agency may be able to help.

The most important thing to remember is to just be prepared with what you want and how you can pay, and make sure to consider your landlord’s point of view.

As you’re preparing for your eviction hearing, you may think your landlord has some evidence that could help your case. Some examples may include:

• Copies of all payments you’ve made (sometimes called the “rental ledger”)

• Your lease agreement

• A call log of complaints you’ve made or repairs you’ve asked for

The process of requesting these types of documents through the court is called “discovery.” There are specific forms you have to fill out to officially request these documents, and you need to file them before your hearing, so that your landlord has time to put everything together.

There are two forms you may need to file with the court.

The first form asks the court to order that your landlord provide the documents you want. This is called a “Motion for Expedited Discovery.” You can download a sample here to file with the court.

If the court agrees and “grants your motion,” you will then have to file a second form to tell your landlord what documents you want. This is called a “Request for Discovery.” You can download a sample here to file with the court.

Now, if your landlord doesn’t give you these documents before your hearing, you still need to go to your hearing, but you do have the right to ask the court to reschedule. Make sure you bring this up at the beginning of the hearing, because you want the court to consider all this information before your hearing goes forward.

Mediation is a process where you work with a third person to try to reach an agreement. It’s important that this third person does not have any stake in the situation, so they shouldn’t be someone close to you or your landlord. They are usually impartial, patient, and reasonable, and try to take a “common sense” approach to helping settle the argument between you and your landlord. 

It is usually a good idea to get a mediator if you feel you cannot work with your landlord without help from someone outside of the situation. The mediator will help both sides see what is fair and work out a solution that works for both of you.

If your landlord files an eviction action, ask the court if they have a mediator to help you work out your case. If not, your local bar association may be able to offer someone to do this for you.

The first step is to understand what your landlord is suing you for.

Landlords can sue for eviction, but they can also sue you for money you owe them or any damage they say you did to the property. These may show up in your court papers as a “first cause” and a “second cause.”

The court has to decide on these two things separately. So, just because you’re evicted, it doesn’t mean you owe your landlord the money they’re asking for. Some courts will decide both these things in one hearing, and others will schedule separate hearings.

If your landlord is suing you for money (remember, this is called a “second cause” in your court papers), you have to file an answer with the court. This is a legal form that explains why you do or do not owe the money your landlord is asking for. You can download a sample here to file with your court.

You need to file your answer within 28 days, but you can also ask the court for more time, if you need it. To ask for more time, you need to file a different form called a “continuance.” If you don’t file the right paperwork in time, the court can decide to tell you to pay all the money your landlord is asking for. Download a sample here to file with your court.

Remember: The eviction process moves very quickly, and it’s important that you don’t miss any dates or deadlines. So if you move at any point during this process, make sure the court and your attorney have your new address, so you keep getting paperwork on time.