How to File an Answer and Counterclaim
What is an answer?
The answer is your first chance to respond to your landlord’s eviction complaint. As soon as your landlord files for eviction against you, you should file an answer. The answer allows you to respond to the complaint immediately and will get your responses and defenses in the case file before you go in front of the magistrate at your eviction hearing. You should always file an answer.
What is a counterclaim?
While an answer is your response to your landlord, a counterclaim is your suing them back. If your landlord has damaged you or failed to uphold their duties as a landlord, you should consider filing a counterclaim. Most often, counterclaims arise in situations where a landlord has failed to make repairs or caused damage to you or your belongings as a result of their failure to take care of the property–like flooding in your basement damaging your furniture, or rodents ruining your food and clothing.
Can I file both an answer and a counterclaim?
Yes. You should always file an answer, and if you believe you have a counterclaim as well, you should file a counterclaim too.
What can happen if I don’t file an answer?
If you fail to file an answer, you may lose defenses you otherwise would have had. This is most important when your landlord files a two cause eviction suing you for money as well as an eviction. If you fail to answer, your landlord can ask the Court for default judgment and win everything they have asked for without you getting the chance to defend yourself.
What can happen if I don’t file a counterclaim?
If you do not file a counterclaim, you may lose your right to sue your landlord. Some counterclaims are what the law calls “compulsory,” meaning that they must be brought up in the same lawsuit and not later as a separate complaint. Many times claims that arise out of the same series of events are compulsory, so it is very important that you bring up any of your complaints in a counterclaim so you do not run the risk of losing them.
Can’t I just pay my landlord rent and stay in my home?
No, once your landlord has given you notice to leave the premises, they no longer have to take rent from you. If you want to stay in your home and have the rent that is due, you will want to show up to your eviction hearing with your rent payment and visit Community Mediation Services in the hallway at eviction court to try to work out a payment agreement.
Still have questions about responding to an eviction complaint? Visit the Self Help Center Monday - Friday, 9 AM - 3 PM for free help responding to and understanding eviction complaints and other landlord and tenant issues.