Defendant's Original Answer

If your landlord files an eviction suit against you, you are the defendant and the landlord is the plaintiff. When you receive the eviction lawsuit papers, you will be asked to "answer" the suit in court. (Many JP courts only give tenants a trial date, and in these courts you must answer the case by appearing for trial in person.) An answer is a statement made to the court in which you deny the claims made against you and raise any legal defenses you may have. You have a legal right to deny the claims in the answer in the form of a "general denial" even if the landlord's claims are true. You do not even have to state what is true or not true.

You can give an oral answer or a written answer to the J.P. court, but a written answer is preferred. To file a written answer, you may use this form, your own form if properly drafted, or the court's form (some courts will provide form answers). If you were to appeal your case to the county court, you must have a written answer on file. You can use this form for either J.P. court or county court if you have appealed.


Defendant's Jury Demand

You have a right to a jury trial. To receive a jury trial in J.P. court, you will have to file a written request for a jury and pay a $5.00 jury fee within five days from the date you are served with the eviction notice. You may use this form to request a jury trial. If you choose not to demand a jury trial, the Justice of the Peace (JP) will hear your case. Some JPs are fair, but some think landlords are always right. Of course, juries can be fair and unfair as well depending on their background and experiences. Jury trials take longer and are a little more complicated so the judge may not appreciate your request for a jury trial all that much, but it is your right. If you want a jury to decide your case for whatever reason, don't be denied. (You also have the right to a jury trial in county court if you appeal from J.P. court as well. The jury fee is higher, but you can use this form to request the jury to decide your case in either court.)


Eviction Hold Off Agreement

If you receive a notice to vacate the rental unit, you can attempt to negotiate with your landlord. This form, an Eviction Hold Off Agreement, may be used if you can get the landlord to agree not to file an eviction suit or dismiss the eviction suit in return for your fixing the lease violation (for example, paying late rent). If the notice to vacate or the eviction suit is for unpaid rent, you will need to work out how much rent you owe and the dates by which you will pay that amount. This agreement must be signed by you and your landlord. If the notice to vacate or the eviction suit is for a lease violation, you will need to work out an agreement to correct the violation. This agreement must be signed by you and your landlord.


Appeal: Affidavit of Inability to Post an Appeal Bond or Pay Costs

An Affidavit of Inability to post an Appeal Bond or Pay Costs is a statement to the court, under oath, that you do not have the financial means to post an appeal or cash bond or pay court costs for the appeal. You are eligible to appeal by filing an affidavit of inability to pay if you have little or no income or assets, or may be entitled to government benefits.

If you file the affidavit, the landlord has the right to contest it. In such a case, the Justice of the Peace must hold a hearing and determine whether you have the money to pay an appeal bond and costs. You may want to bring any paycheck stubs, paperwork for government benefits, and a copy of your bank account balance to show the judge that you may be eligible.

You must file the affidavit under oath and give truthful and complete information; it is perjury to make false statements. It is also going to hurt your chances of winning your case if you are not completely truthful in listing all your income acurately. If you estimate something, indicate that on the form.

Note: If you are appealing an eviction for nonpayment of rent using the affidavit of inability, you will have to deposit one rental payment with the JP court within five days of filing the affidavit and continue to deposit rental payments as they come due with the county court in order to remain in possession of the premises while the appeal is pending.