What could happen if my landlord takes me to court to evict me?

If the landlord takes you to court to evict you, you will get legal papers called a “Summons” and a “Complaint.” Make a note of what day you receive these papers. You have 5 days from the day you receive the Summons and Complaint to respond to the court. To count the 5 days: start counting with the day after you received the papers. You must count Saturdays and Sundays, but do not count court holidays. If the 5th day falls on a Saturday, Sunday or holiday, you will have until the end of the next court business day to “answer” these papers.

Example: Jane gets the Summons and Complaint papers on a Monday. Tuesday is the first day of the 5 days. The 5th day would be a Saturday. Jane has until the next business day, Monday, to file her papers. If Monday is a holiday, Jane has until Tuesday.

If you want to fight the eviction, you should contact a legal aid lawyer immediately. Do NOT wait until the fifth day to call!! If you wait until the last minute, they may not be able to help you.

Within those 5 days, you can file a written response to the landlord’s summons and complaint. You must use the right legal form and file it in the same court where the “Complaint” was filed. This form is called an “Answer.” If you are low-income and file a separate form called an “Application for Waiver of Court Fees and Costs,” you will probably not need to pay the court filing fees. You can get both the Answer and the Fee Waiver forms at the court clerk’s office.

When you fill out the Answer, you will need to list any legal defenses to the eviction. After you file the Answer, you will receive a “Memorandum to Set Case for Trial” and a notice of the trial date by mail. Generally, the trial must be within 20 days of when the landlord files the “Memorandum to Set Case for Trial.” The court clerk must mail you the notice telling you when the trial will be at least ten days before the trial. When your court date comes up, plan to arrive early at the courthouse so that you can find parking, get through the security check, and find the courtroom. If you are late and the judge has already called your case, you will lose your case.