Tenants - How to Answer
After you have been served with the 30 or 7 day no cause notice - you cannot file an affidavit of tenant to contest the notice because the 30 or 7 day no cause notice was NOT issued by the Court.
If you are still at the residence after 30 days, the landlord may then serve you with an unlawful detainer notice. You have the option at that time to either file an affidavit of tenant OR appear on the court date and contest the matter at that time. You must still pay your rent if the 30 or 7 days overlaps your monthly or weekly rate. A 30 or 7 day notice has nothing to do with rent.
The filing fee for the affidavit of tenant is $33.00.
Preparation for Hearing
When you appear for the hearing, check in with the clerk and your will be directed to the in which the eviction matters are being heard. You will need to be prepared to defend the allegations made in the notice at this hearing so bring any appropriate documentation.
Disposition of the Hearing
| * | A lockout order is required to be served immediately but in no case later than 24 HOURS after the Sheriff receives it. |
| * | If the judge grants the lockout order, you will be locked out of the unit upon service of the order. |
| * | If the judge gives you time to pay or move and you don't comply, you will be locked out within 24 HOURS. |
THIS MEANS THAT YOU MAY BE LOCKED OUT ON THE SAME DAY THAT THE LOCKOUT ORDER IS GRANTED.