How does the eviction system work for tenants?

How can you respond to an eviction? What are your rights when facing an eviction?

A landlord cannot force you to leave your home unless they have an eviction order from the court. They may sue you in court for 2 things: first to evict you from the home, and second to get money they say you owe. 

On this page, find steps to an eviction. Or, explore your options on how best to respond.

Step 2. Receive a Complaint and Summons about the eviction lawsuit

If your landlord does decide to sue you, they and the court will notify you with these documents. 

Read the Complaint and Summons documents to get important information:

• When and where your eviction trial will be, where you can defend yourself
• Whether your landlord is suing you just to evict you (1st Cause) or if they are also asking for you to pay them money (2nd Cause)
• How much money they say that you owe them.

Before the Eviction Trial, you can take important steps to protect yourself:

• Gather any evidence. The notice you received will tell you why you are facing eviction.
• Get help from a lawyer to make a strategy. See more here about how to get a free or low-cost lawyer.
• Make a plan for moving out in case you do need to leave the home. See more here about moving.

Step 3. Go to Eviction Trial (1st Cause) and get judgment

The court will hold a trial on whether the landlord can evict you or not. (Any claims on money owed will be held at the later Money Trial.) The court may side with the landlord and issue an eviction order, that they can give to the bailiff to set you out.

The first trial (or hearing) deals with the actual eviction from the home. At this trial, the court will hear your side and the landlord’s side. The court will decide whether to give the landlord an eviction order to remove you or not.

Read more here about defending yourself at an Eviction Trial.

If you work it out with the landlord, then you can tell the judge that you have reached a settlement. This can stop the hearing and end the court process.

If the court decides for you (the tenant) at the eviction trial, the landlord is not allowed to remove you from the home.

If the court decides for the landlord at the eviction trial, then they can get an eviction order to have the bailiff present while you are removed from the home.

• The landlord cannot evict you immediately.
• First they must the number of days the judge gives (7, 3 or 0 days). The court will typically not give more time to the tenant after they have decided. 
• Then the landlord can take this court order to the bailiff to have them initiate the set-out process.
• At any point, you and the landlord can still work out a settlement agreement for how to stay.
• Landlords are not allowed to evict tenants themselves. They must have the bailiff present to carry out the eviction.

Step 5. File an Answer to the Landlord’s Money Claims (2nd Cause)

You must file an Answer to stop the landlord from automatically getting a default judgment to collect the money.

If the landlord is suing you for money (a 2nd Cause), then there will be a second part to the court process.

You have 28 days after being served with the complaint to file an Answer with the court, regarding the money the landlord is seeking.

• If you do not file an Answer in 28 days, the landlord can file for a Default Judgment. The court may grant them this because you (the defendant) has not responded in time. They can use this judgment to try to collect money from you, including through wage garnishment.
• If you do file an Answer, then a second trial will be set by the court.
• You can also file a Counterclaim with the Answer if you believe the landlord owes you money.

Step 6. Go to Money Trial (2nd Cause) and get judgment

At this second trial, the court will hear both sides on what money is owed by whom. They will make a judgment about who can collect money and how much.

Once you file an Answer on the money claims, the court will schedule a Money Trial. At this trial, the court will ask you and the landlord to present evidence and testimony about what money each side owes -- for rent, home damages, living conditions, security deposits, damaged furniture, or other costs.

The court will decide who owes what money, and will issue a judgment for this to be paid.

• If the court decides for the landlord at the money trial, then they can get a judgment that will allow them to collect money from you the tenant.
• If the court decides for you (the tenant) at the money trial, then you may either not have to pay the landlord any of the money, or you may get a judgment that will allow the tenant to collect money that the landlord owes you.