If your landlord's actions are illegal, receiving notice that you are being evicted is even worse.If you suspect your landlord is evicting you illegally, your first step is to find out how and why tenants can be evicted in your state.It is possible to successfully defend yourself in an illegal eviction lawsuit with written documentation and reliable witnesses.
Step 1: Look at the summons and complaint.
Important information about your landlord's case against you is contained in the paperwork you receive notifying you of the eviction proceedings.Your summons will tell you the location and time of your eviction hearing, as well as the name and location of the court where it will be held.It will let you know how long you have to respond to the lawsuit and what you need to do next.The clerk of the court where the eviction lawsuit was filed should be able to tell you when your answer is due.Your landlord's reasons for evicting you will be included in the complaint.These should be the same reasons that were given to you.
Step 2: It is a good idea to research your state's law.
You can find information about tenants' rights by going to the public law library.You may have received some information with the paperwork notifying you of the eviction, or a list of websites or locations.Landlords are required to follow strict notice and other requirements in eviction proceedings.If your landlord has failed to meet any of these requirements, you can use that failure to defend yourself, but you have to know the legal requirements first.Laws in all states prohibit landlords from taking certain self-help measures, such as cutting off your water or electricity, to get you out of a unit.The eviction is illegal if your landlord has done these things.
Step 3: You can find forms or templates.
You can use fill-in-the- blank forms to respond to an eviction lawsuit.An answer or response form along with other paperwork notifying you of the eviction proceedings will be included in some courts.To find out if forms or templates are available, you need to contact the clerk of the court.Before you start filling out the forms, make sure you read the instructions carefully.
Step 4: Inquire about your landlord's allegations.
Take care to respond to the allegations made by your landlord.You will either admit or deny the landlord's allegations.The burden of proof is on your landlord.If you deny an allegation, the landlord has to prove it to the court.Your landlord doesn't have to prove the allegation if you admit it.If your landlord states that you violated a condition of the lease, you want to gather all the evidence you can to prove you didn't.It is your landlord's responsibility to prove that you did.
Step 5: If applicable, assert any defenses.
If you have doubts as to whether a defense applies to your situation, you can include it in your answer.Depending on your situation and the laws in your state, the reasons you shouldn't be evicted will vary.If the landlord gave you improper notice or didn't give enough time between the notice and the start of the eviction proceedings, you have a defense.If you are evicted for failing to pay rent, and you pay the rent but the landlord refuses your payment, this is usually an illegal eviction.You want to avoid including defenses that don't relate to your situation at all.Bad housing conditions may be a defense to an eviction.If you are evicted because you violated the lease for something other than nonpayment of rent, such as for noise violations or destruction of property, this defense may not be available to you.Some states have laws that prevent landlords from evicting you if you participate in activities that are against the law, such as reporting your landlord to a health inspector or joining a tenants' rights organization.If the landlord files an eviction proceeding within six months of your participation, he or she is presumed to have evicted you in reprisal and must prove otherwise.
Step 6: It is possible to make a counterclaim.
If you have a claim against your landlord, it should be included in your response.If your landlord owes you money for a variety of reasons, you can include these amounts in a counterclaim.The amount will be offset if the judge finds for you on your counterclaims.He or she can't evict you if your counterclaim is greater than the landlord's claim.
Step 7: Take your answer to the end.
Make sure you look over your answer before you sign it.If you've handwritten your answers, make sure you use legible blue or black ink.If you want to correct mistakes, you should write in pencil and then use a pen.You will need to make at least two copies of your answer, one for yourself and the other for your landlord.The court record will include the original.
Step 8: You should file your answer.
To preserve your right to defend yourself, you must file your answer with the court clerk.Take your copies and the original to the clerk, and have him or her stamp "filed" with the date on all of them.The originals will be kept by the clerk.It is your responsibility to have your answer served on your landlord.You can get a sheriff's deputy to deliver it.You may be able to serve it with a returned receipt.
Step 9: You can get a copy of your lease.
The terms of your agreement with your landlord can be dictated by a written lease.Make sure the lease is legal in your state by looking at the law.If you are accused of violating a condition of your lease, look up the provision and determine if you actually did.If it was a technical violation that didn't hurt your landlord or the property, you may have a defense.If you can show that the landlord broke the law in your city or state, you have a defense.
Step 10: Talk to people you know.
witnesses to the landlord's behavior can back up your claims if you argue that you are being evicted for discrimination.If your primary communication with your landlord was face to face, anyone who overheard those conversations can back up your claims.If you're arguing that your landlord knew about the condition of your unit and did nothing to fix it, you should keep in mind that you have to prove that.Absent written evidence such as a letter you wrote to your landlord requesting a repair, witnesses can testify that the landlord was aware of the situation.
Step 11: Seek assistance or advice.
Tenants' rights organizations can help you in eviction proceedings.The paperwork you received notifying you of the eviction proceedings may include names and phone numbers of groups that can help you.Many law schools give free help to tenants facing eviction.You can check with your local legal services office to find out what help is available to you.Legal assistance to tenants is one of the non-profit organizations that many cities and states have.
Step 12: Copies of any written correspondence can be made.
In an illegal conviction lawsuit, written communication with your landlord is essential.Any communication between you and your landlord should be in writing.This shows you that your landlord was aware of the situation.If you don't have written correspondence such as emails, you can testify about your conversations with your landlord, but be warned that this might turn into a useless "he said, she said" situation, because the landlord can simply deny that the conversation took place.
Step 13: Take pictures of the unit.
If your claims are based on the uninhabitability of your unit, photos of it will support your defense.You can mark the location of any problems by drawing a diagram of your unit.If you rent from an apartment complex that has online floor plans, you should print them out.The judge won't be visiting your unit because he has not lived there.To defend yourself, you have to show the judge the conditions of your place and how they affected you.
Step 14: Get a health and safety inspection.
You can get a state or local health and safety inspector to evaluate your unit if one of your defenses relates to the bad condition.These reports are usually certified, signed under penalty of perjury, and provide evidence that the condition of your unit does not meet state or local housing code standards.If your unit was not in good condition, a certified inspection report is your best evidence.
Step 15: Take part in discovery.
Some states allow for discovery in eviction proceedings, which allows you and your landlord to exchange information and evidence relevant to the case.If discovery is allowed, it usually involves three types of documents: interrogatories, requests for production, and admissions.Interrogatories are questions that must be answered under oath.You can ask your landlord any questions that are relevant to your situation.Copies of your lease or rent receipts are requested for production.The landlord can be asked to admit certain statements, such as knowledge of your unit's unsafe or unsanitary condition.When you get a response from your landlord, analyze the information that supports his or her case and look for ways to counter it.Your landlord might argue that you violated your lease by keeping a pet, but she knew you had a cat when you moved in and agreed to let you keep it.It can be used as a defense if you have any evidence.If your lease states no pets are allowed except with the landlord's permission, this is a strong defense.
Step 16: Prepare for your hearing.
Before your court date, you should organize all your evidence and outline what you will say to the judge.You, your landlord, and the judge can all look at the same document if you make at least two copies of it.Make a list of questions that you want to ask your landlord.Prepare questions for witnesses if you plan to call them to testify.If you meet with your witnesses at least once before your hearing, you will know what their answers will be.You might want to ask your landlord some questions.If you've never been to court before, it may be helpful for you to observe some eviction proceedings before your own hearing, so you understand a little more about the process and what will be expected of you in court.
Step 17: There is a possibility of using a mediation.
A neutral third-party facilitates a discussion between you and your landlord in an attempt to resolve the dispute amicably.The mediation will be connected to the court.Before taking their case before a judge, some courts require mediation.There is no charge if mediation is court-ordered.If you are able to come to an agreement with your landlord, make sure you understand the terms of the written settlement agreement and that it reflects what you agreed to.You have the right to go to court if you don't reach a settlement through mediation.If you don't believe the settlement is in your best interests, you should not be pressured to settle.
Step 18: You need to appear on your court date.
If you want to defend yourself, you need to be in court when the hearing is scheduled.If you know in advance that you won't be able to go to court on that day, you should contact your landlord to see if he or she will agree to let you go.If your landlord doesn't agree to change the date, you may have to request a continuance from the court.You should try to show up on the scheduled date.The judge should dismiss the case against you if your landlord doesn't show up.If you don't show up, the judge will rule for the landlord, even if you had a valid defense or the eviction is illegal.You have time to go through security and find the right courtroom if you show up at the courthouse at least 30 minutes early.Take a seat in the gallery when you get there.You will need to wait until the judge calls you, because he will be hearing several cases that day.Stand and approach the front of the courtroom when your name is called.The court officer can tell you where to go.
Step 19: Listen to the presentation.
The judge will usually allow your landlord to speak first and explain why he or she wants to evict you.The landlord can testify, call witnesses, or even ask you questions.You can ask your own questions if the landlord calls witnesses.Even if you disagree with the statements of the witnesses, don't interrupt or disrupt them.If you want to ask a question or bring up something in your own presentation, you should have blank paper and a pen.
Step 20: Tell the judge your side of the story.
You will have the chance to defend yourself after your landlord has presented his or her case.You should present your points in a logical and consistent manner.Don't rush and stick to the facts.Speak loudly and clearly so the judge and landlord can hear what you're saying.Your defense will be stronger if you have more documents to back up your claims.Think of an item of proof for every point or factual statement you make.
Step 21: Call your friends.
As you go through the points of your defense, use witness testimony to support your statements.You have the right to cross-examine your landlord's witnesses if you call them.
Step 22: Answer the judge's questions.
The judge may want to know more about the statements you make.You should stop speaking when the judge asks you a question.If you don't understand the question, ask for clarification, but not interrupt the judge.The judge may answer questions regarding court procedures, but don't expect the judge to be your advocate or help you with your defense.
Step 23: Receive the judge's ruling.
At the end of the proceeding, the judge will let you know of his or her decision.In some cases the judge may decide to take the case under advisement, which means he or she wants to look over the paperwork and evidence again before entering an order.Find out if the final order will be mailed to you or if you'll be notified when it's entered.Make sure you understand the order when you read it.If you received help from legal aid or a clinic, you may be able to get help if you need it.If the judge rules against you, you have the right to appeal, but you must file notice within a week to 10 days of the order being entered.If you want to fight on, you should consult an attorney.