House & Apartment

The Summons A notice to a defendant that a lawsuit against them was filed in a court and that the defendant has to show up in court  should tell you when and where your court date will be. Mark this on your calendar and start planning how to attend. 

You can apply for court-based rental assistance, talk with your landlord An owner of property who rents it out to a tenant , and prepare an agreed order to handle the court case before the first court date. Even if you do all these things, it's still important to attend the hearing When the parties in a case present their sides of a case to a judge or other officer . You are responsible for protecting your right to share your side of the story until the case is over.

In eviction A court case brought by a landlord to get a tenant to move out cases, a judge can enter a default judgment that orders the sheriff A county officer who can serve people with summons. They can evict someone with a court order. to remove someone who has been served and doesn’t attend court. A default judgment is a decision a judge makes when a party A person or business involved in a court case in a role like plaintiff, petitioner, defendant, respondent, or intervenor. who has been served doesn’t show up to court. If you don't show up for trial When the issues of a case are heard in court and decided by a judge or jury , the judge can hold the trial without you.

You or a licensed lawyer Someone who represents clients in courts or who gives legal advice representing you must attend the court date. A person with power of attorney, a friend, or a relative can't speak for you, but you have the right to an interpreter. Even if you haven't submitted a written response A formal written answer to the plaintiff or petitioner's written statement or are close to resolving the issue with your landlord, attending court is very important. Learn more about going to court on your own and preparing for remote court hearings.

If your court date is in person and you're unable to attend due to lack of transportation or concern about outstanding warrants, immigration status, or the risk of being served with papers in another case, you may need to hire a lawyer to represent you. You can also contact the court clerk to find out if your case can be handled by video hearing and get more information about courthouse policies.

Showing up on time to your court date matters. If you already missed the court date, you must get a copy of the court record to find out what happened while you weren't there. Write down the next court date and plan to attend.

Learn more about missing a court date and asking a judge to vacate (undo) a default judgment.

To present your side of the situation to the judge, you must participate in the court case. You can talk with your landlord to negotiate an agreed order and apply for court-based rental assistance if appropriate while participating in the case.

Our Respond to an eviction Easy Form program helps you fill out your side of the court paperwork, including an Appearance A form that lets the plaintiff and the court know the defendant is participating in the case. It can also be when a person shows up to their court hearing. , Jury Request (if desired), Eviction Answer A written statement used to respond to the complaint or petition in a lawsuit , Defenses, and Counterclaims, Additional Bad Property Conditions, and Proof of Delivery. You can save and print the forms or have the program email them to you.

To fill out the forms, you need:

• The documents you received about the court case,
• Any information that you want to use to support your defenses, like payment records, termination When something ends notices, or documentation of property conditions, and
• Names and addresses of the other parties and their lawyers.

You must also decide if you want to request a jury or bench trial. You may lose the right to request a jury trial A trial decided by a judge and a jury if you wait.

After completing your forms, you must file them with the court and give the other parties copies. You can request a fee waiver to help with filing fees.

Try to file the forms early and allow time for the clerk's office to process your paperwork. If you are within three days of your court date, save or screenshot a copy showing that you filed your documents.

Attend your court date. Have copies of the paperwork you received and any response you filed on hand. Try to arrive about 15 minutes early and wait for your case to be called.

When your case is called, you will have an opportunity to tell the judge how you want to handle the court case, such as:

• You've filed a written response,
• You want more time to file a written response,
• You want to apply for court-based rental assistance (and, in Chicago or Cook County, to exercise your one-time right to "pay and stay"),
• You're close to reaching an agreement with your landlord,
• You're interested in being referred to a mediator A neutral person who helps parties in a case reach an agreement outside court to help you reach an agreement with the landlord, or
• You just want a trial When the issues of a case are heard in court and decided by a judge or jury .

Whether the judge grants or denies your requests, request a copy of the court order for your records. Every court date will result in a court order, even if all the judge does is set the next date.

Unless the case is being dismissed Cases dismissed with no further action anticipated. or goes directly to trial, the judge will need to set the next court date. Find out whether the next date is for a status hearing When the parties in a case present their sides of a case to a judge or other officer or a trial, and mark it on your calendar. Make sure to ask whether the next date will be remote or in person.

If the case is going to trial on the next court date, you must start contacting witnesses and gathering evidence Anything used to show that something is true right away.

After the first court date, you will have more information about whether your landlord An owner of property who rents it out to a tenant is open to a fair agreement to resolve the case. 

Start looking for places to move if:

• Your landlord is only interested in trial When the issues of a case are heard in court and decided by a judge or jury , and you expect to lose at trial,
• You reach an agreement with your landlord that requires you to move out, or
• You are uncomfortable remaining in the unit even if you win the case.

An agreement may include time to move out, a reduction in the amount of rent due, a neutral reference, or other terms that are helpful to you going forward. If you reach an agreement with your landlord:

• Be certain you can follow through with the agreement even if you aren't able to get an extension of time,
• Include an explanation of what happens if you do follow through, such as:
  • The case will be dismissed Cases dismissed with no further action anticipated. with prejudice, and
  • The file will be sealed by agreement of the parties, and
• Don't use the word eviction in the title because you may lose access to housing assistance if an eviction order is issued.

Prepare for trial until the judge has entered an agreed order An agreement between two sides in a lawsuit that says what both sides will do resolving the issues. You will need to support any defenses with documents, photographs, and witness A person who answers questions in court under oath testimony Evidence given orally by witnesses to help you prove your case.

If you go to trial, there are four possible outcomes. 

If you win, the landlord doesn't get an eviction order, and you can continue renting the unit according to the terms of your lease. Winning an eviction case doesn't change the landlord's right to terminate your lease or give you future eviction notices if you don't pay rent on time and follow the rules in the lease.

If the landlord wins, the possibilities are:

• A money judgment An official decision by a court that ends the dispute between parties is entered against you and the landlord allows you to stay in the unit and pay the amount owed,
• An eviction order is entered against you that only requires that you leave and doesn't include a money judgment, or
• An eviction order and money judgment are entered against you, meaning that you must leave and pay the judgment.