What happens when I go to court?

The magistrate court will call you and the landlord (or property manager if the landlord is a company) into the courtroom.  You will be at one table, and the landlord at the other table.  What happens next depends on whether the case is being heard only by the judge or instead is being tried to a jury.   

A trial before a judge is called a "bench trial." 

In this case, the landlord will go first and explain to the judge why you should be evicted.  The landlord has what is called the burden of proof.  This just means that the landlord must prove why you are being evicted.  The proof must support the reason given in the Rule to Vacate or Show Cause.

The landlord SHOULD NOT start talking about other reasons that you might have been evicted if they were not listed in the Rule.  If the landlord does, you should say, "Your Honor, I object.  This information was not pled in the Rule." 

As an example, if the Rule says that you failed to pay your rent, then the landlord must testify about what your rent is, how much has not been paid, the months that went unpaid, and any other relevant testimony about the rent issue.  The landlord SHOULD NOT start talking about how you got a lease violation notice for disturbing the peace or doing something else.  

After the landlord presents his or her evidence, you will have an opportunity to present your defenses.  When you speak to the judge to present your case, be organized, clear, and concise.  This means only talk about one issue at a time, get to the point, and do not ramble.

If you have requested a jury trial, this means that you will start by selecting a jury.  The jury's job will be to decide factual disputes about the case. 

For example, if the landlord claims you violated your lease by having an unauthorized pet, and you deny this, the jury will decide whether the landlord had a pet policy, whether you violated the landlord's pet policy, and whether you have any defense to a violation, such as the landlord waiving the violation. 

The jury will also decide on any defenses or counterclaims you have against the landlord. 

For example, if you claim the landlord did not give proper notice, the jury will decide whether the landlord gave proper notice.  The magistrate will instruct the jury on what the law is, but it will be up to the jury to decide what happened in your case and whether you should be evicted if you violated the lease or the Residential Landlord Tenant Act.