What to Say When You’re in Court for Eviction
You can fight an eviction by proving your landlord didn't follow proper procedures or didn't maintain the property. Always attend your court hearing and bring evidence supporting your case. An attorney can identify procedural errors that invalidate the eviction.
Answer Your EvictionFacing an eviction can feel overwhelming. You probably want to know how to stop it. The good news is you have rights and options to defend yourself.
Your landlord cannot evict you without terminating your lease first. You must receive written notice before any eviction can proceed. After receiving notice, you have time to respond and fix the situation. If you don’t resolve the issue, your landlord can file an eviction lawsuit.
Fight Your Eviction With Expert Help
Don't face your landlord's lawsuit alone. Our partner Solo helps you respond to eviction summons correctly and identify winning defenses before your court date.
Get Help NowCommon Grounds for Eviction
Landlords file eviction lawsuits for several reasons. Understanding these reasons helps you prepare your defense.
Failure to Pay Rent
Most states give you three to five days after written notice. You can pay the overdue rent during this time to stop the eviction.
Lease Violations
You might face eviction for having unauthorized pets or guests. Hosting someone who stays for months without permission violates most leases. You typically have days or weeks to fix the violation.
Unconditional Quit Notice
The most serious violations trigger this notice. Examples include not paying rent for several months or causing significant property damage. Drug dealing on the property also qualifies. You cannot cure these violations and must move out.
The Eviction Lawsuit Process
After your landlord decides to proceed, you’ll receive a summons. The summons notifies you of the eviction lawsuit against you. Our partner Solo can help you understand your legal options.
The civil court sets a hearing date before a judge. You must attend this hearing to present your case. If you skip the hearing, the judge issues a summary judgment. The eviction automatically moves forward without your input.
Always show up to court. Your presence gives you a fighting chance to stop the eviction.
What to Say During Your Eviction Hearing
Your defense strategy depends on the specific facts of your case. Simply stating financial hardship won’t stop an eviction. You need evidence and a solid argument.
Prove the Landlord Is Wrong
Your landlord might claim you didn’t pay rent for several months. Bring receipts, bank statements, or canceled checks showing your payments. Present this evidence to the judge and explain your payment history.
Challenge the Legal Process
Landlords must follow specific rules when filing evictions. Review how you received the lawsuit documents. Check if the paperwork contains errors or missing information. Improper service makes the eviction invalid. File a motion to dismiss if the landlord didn’t follow proper procedures.
Show Uninhabitable Conditions
Landlords must maintain properties according to local housing codes. Document unsafe conditions like broken heating, mold, or pest infestations. Take photos and keep repair request records. If you prove the home is uninhabitable, the judge may dismiss the eviction.
Eviction Without Cause
Some tenants don’t have fixed-term leases. Month-to-month tenants can face eviction even when current on rent. Your landlord doesn’t need a reason in these situations.
Most states require 30 to 60 days notice for no-cause evictions. Review your local laws to understand your rights.
The Sheriff’s Role in Evictions
Winning the court case allows your landlord to proceed with eviction. Your landlord cannot physically remove you without law enforcement. The sheriff must schedule a time to come to the property.
You’ll receive notice a few days or a week before the scheduled removal. The sheriff will supervise moving you and your belongings out. Once the sheriff arrives, you have no choice but to leave.
COVID-19 Eviction Protections
Many areas implemented eviction moratoriums during the pandemic. Some protections may still exist in your area as of 2021. Courts also postponed many non-urgent hearings, including some eviction cases.
Courts still process evictions involving illegal activity like drug sales. Check your state and local rules for current eviction restrictions.
Moratoriums don’t erase your rent obligations. Landlords can add interest, late fees, and penalties during the moratorium period. Talk to your landlord about payment arrangements if you’re struggling.
Eventually, you’ll need to pay all overdue rent. The eviction can proceed once protections expire.
Getting Legal Help for Your Eviction
An experienced attorney gives you the best chance at fighting eviction. Rental attorneys know how to identify landlord mistakes and procedural errors. Our partner Solo connects you with resources to defend against eviction lawsuits.
The most effective defense proves your landlord didn’t follow required rules. Proper notice is crucial for any eviction. Incorrect or missing paperwork can invalidate the entire case.
An attorney reviews your situation and advises whether legal representation makes sense. Many tenants successfully fight evictions with proper legal guidance.
Prepare Your Defense Strategy
Start gathering evidence as soon as you receive eviction notice. Collect rent receipts, lease agreements, and correspondence with your landlord. Take photos of property conditions if relevant to your case.
Organize your documents chronologically. Create a timeline of events leading to the eviction. Write down key facts you want to tell the judge.
Dress professionally for your court hearing. Arrive early and bring all your evidence. Speak respectfully to the judge and wait your turn to present information.
Stay calm and focused during the hearing. Answer questions directly and honestly. Avoid arguing with your landlord or becoming emotional.