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How to Counterclaim if You are Facing Eviction
Steps you'll need to take
What to Expect if You Counterclaim
What is a counterclaim?
In order to evict you, your landlord must do three (3) things:
- Give proper written notice stating when he/she wants you to move out of the unit
- Termination of rental: 45 days written notice from the landlord. You may vacate the unit at any time within the 45 days period. You are responsible for payment of prorated rent for the period that you remain to occupy the premises. You are also responsible for notifying the landlord of the day you vacate.
- Notice of voluntary demolition of rental unit, notice of conversion to condominium or transient vacation rentals: 120 days written notice. You may vacate the unit at any time within the 120 days. You must notify the landlord of the day you're vacating the premises and must pay a prorated rent for the period the premises are occupied.
- Notice for failure to pay rent: 5 business days written notice. You must pay the rent within 5 business days. After the 5 business days and you have not paid the rent, the landlord may sue for eviction.
- Serve you with court eviction papers called Complaint (Assumpsit, Summary Possession / Landlord-Tenant, Damages); Declaration; Exhibit(s); Summons
- Win a court eviction hearing before a judge and obtain a court order called Writ of Possession forcing you out of the unit.
Once you receive court eviction papers such as that stated in #2 above, you have three (3) options:
- You can find a new place to live and move out.
If you owe back rent, or if you agree with your landlord's claims against you, you should start looking for a new place to live immediately. If you are interested in learning how to "buy time" to look for a new place to live, this classroom will not be helpful to you. Call the Legal Aid hotline for more information.
- You can ANSWER the complaint you received.
This means you will defend your position in court to either reduce the amount your landlord claims you owe, and/or dispute the landlord's charges against you
- You can COUNTERCLAIM against your landlord for problems he/she may have caused during your tenancy. If you win your counterclaim hearing, you may be entitled to collect "damages" or money.