Evictions

What can I do if the Sheriff gives me eviction papers or leaves them for me?

• If you get an eviction notice - also called an Unlawful Detainer - you must act quickly and not ignore it.
• The papers may be posted to your door or handed to someone who lives with you. 
• You must file an answer at your county courthouse within 7 calendar days. 
• If you do not file an answer, the landlord can get a "default judgment." This means they automatically win the case. In most counties, you will not get a court date unless you file an answer, so it's very important that you do! 

What do I put in my answer?

• You can use the form available here.
• You can also write on a piece of paper, "I deny everything and demand proof." Make sure your name, your landlord's name, and your court case number are on the paper. 
• Your court case number is in the top right-hand corner of your papers. It will look something like this: 01-DV-2024-900###. 
• You do not need to include a lot of information or any evidence in your answer. 

What do I do after I file my answer? 

• After you file an answer, it is very important that you attend your court date.
• You will be notified of your court date in the mail. 
• Your court date is your day in court. Come to court prepared with any documents, pictures, or witnesses to support your case.
• Usually, courts will not move or delay a court date for an eviction. If you cannot attend court, you can file a "motion" with the court asking for a new court date. If you do not receive a new court date in the mail, you must attend the original date. You cannot call the court or the judge to request a new date. 

What happens in court? 

• The judge will call your case. Answer when you hear your name. 
• The judge may ask you to speak to your landlord or their attorney in the hallway before the hearing. 
• You may be able to reach a "settlement" in your case.
  • Your landlord may offer you time to move. You might also try to work out an agreement to pay back rent.
  • If you reach an agreement, make sure that you, your landlord, or their attorney tells the judge what it is.
  • Only settle your case if you agree with the terms. You do NOT have to settle your case. 
• This is your day in court, so you have the right to go in front of the judge to tell them your side of the story. This is your only chance to do so.
• The landlord filed the lawsuit, so they get to go first. Their attorney will ask a witness questions. The witness is an employee of the landlord. You get a chance to ask questions as well. 
  • Do NOT speak out of turn, or over other witnesses or the judge. 
  • You will get to speak second. You can tell the judge anything you want. The judge may ask you questions. The landlord's attorney can also ask you questions. 

How can I defend my eviction (and win)?

• The landlord must send a proper notice before filing the case. Read more about this here. 
• If you are being evicted for nonpayment of rent, the notice must:
  • Tell you how much you owe
  • Tell you that you have 7 business days to pay the balance.
• If the notice doesn't say that, or you didn't receive one, tell the judge that. The eviction should be dismissed. 
• The landlord cannot accept rent from you after sending the notice. That is another reason the eviction should be dismissed. 
• The proper company did not sue you.
• Your landlord is a corporation or LLC and doesn't have an attorney. 
• There are many other defenses, but these are the most common. 

What happens after the trial?

• Sometimes, the judge will make a decision right away.
• Other times, the judge will tell you to expect a decision in the mail. 
• If you win the case, the eviction gets dismissed. If it gets dismissed because the notice was bad, you may still owe the money, so the landlord can start the process over. 
• If you are able to work out an agreement, you get to stay. 
• If the judge rules against you, there will be a "Judgment" against you. 

What happens if I lose? 

• You have 7 calendar days to file an appeal at the courthouse. You must pay a certain amount of rent to the court to file an appeal. The court's order should include the amount you have to pay. This is called the "appeal bond." 
• If you do not file an appeal, then a "Writ of Possession" can issue on the 8th day. This will allow the sheriff to do the set-out to remove you and your belongings from the home. You should make arrangements to move, if at all possible, before this happens.