Housing (Landlord-Tenant)

Q. What is a "notice of eviction"?

A. A notice of eviction is a written notice from a city marshal warning a tenant that he or she has to move out.

Q. I received eviction papers called a "Notice of Petition" and a "Petition" saying that I didn't pay my rent. What should I do?

A. If you aren't going to have a lawyer for the case, go to the Clerk's Office of the court named in the papers within 5 days of receiving them. Call your lawyer immediately if you have one.

Q. What happens if a tenant doesn't answer the legal papers or a landlord or tenant misses the court date?

A. If a tenant does not answer the court papers or misses a court date, the landlord could win a judgment which could make an eviction. If a landlord misses a court date, the case could be thrown out.

Q. What should a tenant bring to court?

A. A tenants should bring all money order receipts, canceled checks, or other receipts related to rent payment. A tenant should also bring a copy of the lease and lease renewal, if any, and records, including pictures and notes about problems with the apartment. Bring receipts for materials purchased to repair the apartment, if any.

Q. What happens if I need a postponement (a later court date)?

A. Ask for an "adjournment," which is the same as a postponement. Sometimes both parties can agree to "adjourn" the case to another day and let the judge know that. When they do not agree, the person wanting the adjournment must ask the judge for one.

Q. In an eviction case, what happens if a tenant and a landlord can't agree?

A. They will have a trial. The landlord will have to prove the case. If the landlord can't prove the case, it will be thrown out; if the landlord proves the case, the landlord will get a judgment against the tenant for the eviction.

Q. What is an Order to Show Cause?
A. An Order to Show Cause is a written request to bring the case to a Judge for a reason or reasons in the Order to Show Cause papers. An Order to Show Cause must be signed by a judge and will state the date, time, and courtroom for the court hearing.

Q. What is an inspection?

A. In a case where a tenant claims that items or conditions in an apartment need repair, an inspector (who is not in the case) can be sent to the tenant's apartment to look at the claim. A tenant may request an inspection when he or she first comes to the Clerk's Office or on the first court date.

Q. What is an HP action?

A. This is a court case started by a tenant to have a landlord make repairs to an apartment. (The "H" is for "housing" and the "P" is for "part.") Usually, the cost to start an HP action is $35.00. If a tenant can't afford the filing fee, he or she can get forms from the Clerk for starting the action without paying the fee. A court can order an apartment inspection date and a date, time, and courtroom where the tenant and landlord must go.