INCREASE FONT SIZE

A- A A+

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

 

Search