NOTE: The laws relating to landlord/tenant law vary so much in each State and county that nothing more than a broad overview of the legal process can be given here. It is recommended that if you have specific legal questions about your set of facts and circumstances, please contact your local lawyer referral service to see if there is any information they can provide or resources to which they can direct you.
Landlord
If you are the landlord, you must come to court and prove that the statements made in the complaint are true. Arrange to have in court any witnesses you need to prove your case.
Prepare your questions in advance.
Bring to court records of any transactions that my help you prove your case. Such records may include:
- Leases, estimates, bills, rent receipt records.
- Dishonored checks.
- Letters, photographs.
- Other documents proving your claim.
If you are able to settle your case with the tenant before the trial date, call the Court Clerk immediately to let them know to dismiss the case.
Tenant
If you are the tenant, you don’t have to file a written answer, but you must come to court and prove that the statements made by the landlord in the complaint are not true. Arrange to have in court any witnesses you need to prove you case.
Prepare your questions in advance.
Bring to court all applicable records. Such records may include:
- Rent receipts, cancelled checks.
- Leases.
- Letters and notices to or from the landlord.
- Photographs.
- Other documents proving your case.
If you have not paid rent because the landlord did not make necessary repairs, you have to prove to the court how serious the problems are and how they are affecting your use of the rented premises. If you have not paid your rent, you should bring the amount the landlord claims you owe to court.
If you are able to settle your case with the landlord before the trial date, call the Court Clerk immediately to let them know to confirm that the case was marked settled.
The day of the trial
Both the landlord and the tenant must come to court at the time and date stated on the complaint unless otherwise notified by the court. Bring all evidence and witnesses needed to present your case. Both the landlord and tenant will be able to present their cases.
If the court decides in favor of the tenant, the case will be dismissed. If the court decides in favor of the landlord, a “judgment for possession” will be granted. A judgment for possession allows the landlord, within time limits, to have the tenant removed from the premises by a Court Officer or Sheriff.
If the landlord’s complaint is for non-payment of rent and the tenant offers to pay all the rent due plus court costs before or on the day of the court hearing, the landlord must accept the rent and the case will be dismissed.