Please be aware that not all comments may pertain to your situation. You are encouraged to Visit a Law Library for general guidance.
Prior to filing an Answer or Counterclaim to an eviction complaint you need the following:
- Be aware that eviction filings move quickly through the court system
- IF YOUR COURT DATE HAS ALREADY PASSED, YOU CAN FILE TO VACATE A JUDGMENT, BUT CANNOT CONTEST THE COMPLAINT
- Name, address, and phone number of landlord
- Receipts/proof of rent payment(s)
- Copies of notices you have given the landlord about violations of the Landlord and Tenant Act
- Pay the correct filing fee or apply for a fee waiver or deferral
- Counterclaims MUST be filed at the same time of an Answer
Things to ask and look into:
- Did you receive notice? Did you receive notice in the appropriate amount of time?
- A LANDLORD CANNOT FILE AN EVICTION COMPLAINT WITHOUT FIRST GIVING AN APPROPRIATE AMOUNT OF NOTICE TO THE TENANT
- Was the filing made at the correct courthouse? Check with the Find My Court
- Did the correct person file the eviction complaint?
- What do the terms of your lease say?
Amount of notice required based on eviction type:
- Non-Payment of Rent - 5 Days
- Material noncompliance with rental agreement - 10 Days
- Material noncompliance materially affecting health and safety - 5 Days
- Immediate and Irreparable Notice - Same Day Filing is Allowed
- Mobile Home Park Eviction Information
Types of acceptable service:
- Hand delivery
- Certified mail
- Process server