Eviction Forms Criteria for Tenants

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

 

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This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.

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