Start My Answer
loading...

What to Say When You're in Court for Eviction

George Simons | December 02, 2022

George Simons
Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Hannah Locklear
Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Creditors coming for old debts ^

Summary: Are you being taken to court for an eviction? Find out what you can do to stop it by knowing what to say when you're in court for eviction.

If you are facing an eviction, you're probably thinking about what you can do and how to stop it. Below is important information to know about eviction and what to say when you're in court.

First, remember that the landlord cannot evict you from the house without terminating the lease first. This means you have to be given enough written notice so that you know that you're being evicted and you have time to respond and move out. If you don't satisfy the landlord, he can file an eviction lawsuit and take you to court.

Make the right defense the right way with SoloSuit.

Grounds for eviction

A landlord may consider filing a lawsuit for eviction for various reasons. Here are some common examples:

  • Failure to pay rent. Most states provide you with three or five days from the date of one-yearwritten notice before the landlord can move forward with the eviction.
  • Not following the lease. The landlord may want to evict you because you had pets in the property or had guests move in and stay for months. You will usually have a few days or weeks to cure the violation or he or she will move forward with the eviction lawsuit.
  • Unconditional quit notice. This is for the worst violations of a lease, such as not paying rent for several months, causing serious damage, or engage in drug dealing on the property.

When a landlord may file an eviction lawsuit

After you have been notified that the landlord plans to move forward with an eviction, the landlord needs to give you a summons for an eviction lawsuit. He or she will have you served with notice so that the eviction can proceed.

The civil court will set a time and date for the hearing in front of a judge. You need to show up for the eviction hearing and present your case. If you don't appear, the judge will issue a summary judgment and the eviction will move forward. Remember that you always need to show up in court to present your facts if you want to stop the eviction.

Use SoloSuit to respond in 15 minutes and win your case.

What you can say during the eviction hearing

If you are taken to court for your eviction, you need to think carefully about how to present your case in the best light. Much depends on the facts of the case. You cannot just say that you lost your job and can't pay rent, or you'll be evicted for certain.

Sometimes you can present facts that show the landlord is wrong. For example, he may argue that you didn't pay rent several times. But if you have proof of payment for all of the months of the lease, you can present this information to the judge and explain that you paid rent on time.

Or, you may have a lawyer review the lawsuit documents and how the lawsuit was served and find out that the landlord didn't follow the law. If that is the case, you should explain in court that the landlord didn't follow certain rules so the eviction is invalid. You would file a motion to dismiss in this case.

Another possibility is to prove that the landlord didn't keep the home or apartment in a livable condition according to local rules and regulations. If you can prove that the home is unsafe, the judge may put aside the eviction.

Lease termination without cause

Even if you are not in violation of the rental agreement and paid on time, the landlord may be able to have you move out if you are not on a fixed-term lease. While many people are on one year leases, there are situations where the tenant doesn't have a lease. In that case, he can have you move out.

Usually, the landlord needs to give you 30 days or 60 days to move out even if he doesn't give you a reason.

Pick the right affirmative defense with SoloSuit and win in court.

Role of a sheriff in an eviction

Even if your case isn't made in court and the judge allows the eviction to move forward, the landlord can't just throw you on the street that day. The landlord must have the sheriff schedule a time to come to the home and have you move out that day, including your belongings. The sheriff usually will give you notice a few days or a week before you must move out. Once the sheriff comes to the property to move you out, there is little you can do and it's best to move out.

New rules of protocols in response to COVID pandemic

Evictions have changed somewhat during the COVID-19 era. Many states have eviction moratoriums that are still in effect as of 2021. Even if there is no ban on evictions, many courts in the US have postponed hearings on matters that aren't of the highest importance, including evictions. However, most courts still take eviction cases in cases of illegal activity on the property, such as selling drugs.

Note that even if your area bans evictions for now, the landlord may be able to tack on interest, late fees and assorted penalties if you don't pay on time. If you cannot pay your rent on time, it's important to talk to your landlord to work things out.

Remember, even if you cannot be evicted right now, eventually, you will need to catch up on rent or the landlord can move forward with the eviction.

The best way to beat an eviction and to come up with the best things in court to say is to get an attorney in your corner. Experienced rental eviction attorneys can help you fight an eviction if you have good reasons for fighting the case. The most common way to fight an eviction is to prove that the landlord didn't follow the necessary rules to move forward with the case.

He needs to give you proper notice of the lawsuit, which is the most important thing. If that isn't done or the paperwork is wrong, you can make the eviction much harder. Your attorney can review the situation and let you know if you could benefit from bringing in legal representation so you can fight the eviction.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

Get Started

>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Get debt relief in your state

We’ve created a specialized guide on how to find debt relief in all 50 states, complete with steps to take to find relief, state-specific resources, and more.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

Other wage garnishment resources

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

How to repair and improve your credit score

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.

How to resolve student loan debt

Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources

It only takes 15 minutes.

And 50% of our customers' cases have been dismissed in the past.


"Finding yourself on the wrong side of the law unexpectedly is kinda scary. I started researching on YouTube and found SoloSuit's channel. The videos were so helpful, easy to understand and encouraging. When I reached out to SoloSuit they were on it. Very professional, impeccably prompt. Thanks for the service!" - Heather



Get Started


Contents