Tenants often have defenses to evictions.

Before you fill out any sample forms, be sure to read all of the information below. To learn more about eviction defenses, be sure to read the other fact sheets and resources under the "Evictions" area of the "Housing" section of www.lawhelp.org/La.

If your landlord sues to evict you, you may see the words "Rule for Possession" on the court papers. The court papers also should also say the date and time of your court hearing.  

If you are served with eviction papers, you can file an ANSWER.  

The ANSWER explains to the court the legal reasons why you should not be evicted. If you don't file an answer, you cannot appeal if you lose.

Try to get a lawyer to help you figure out if you have legal defenses to an eviction. Call your local legal services office if you can't afford a lawyer. There is a list of legal services in the "Legal Program Directory" on www.lawhelp.org/La.

If you can't get a lawyer, follow the instructions for using the sample

ANSWER form.

HOW TO USE THE ANSWER FORM:

(1) COMPLETE THE TOP OF THE ANSWER FORM

·        Write the name of the court as it is shown on the eviction papers you got from the court.

·        Write the court name above the line which says (Name of Court).

·        Write the case number of the eviction in the top of the left hand corner of the Answer form. You can find the case number on the Rule for Possession court papers. Look in the top left hand corner.

·        Write the landlord's name as shown on the eviction papers over the word (Petitioner).

·        Write your name over the word (Defendant).

(2)        REVIEW YOUR WRITTEN LEASE IF YOU HAVE ONE AND ANY OTHER WRITTEN RULES AND REGULATIONS TO FIGURE OUT IF THE LANDLORD'S EVICTION WAS FILED IN THE RIGHT WAY.

Sometimes a written lease will say that a landlord must serve you with a "cease and desist" notice before the landlord can start an eviction against you. A cease and desist notice is like a warning notice.

·        Check the lease or rules to see if the landlord has to give you a chance to pay your rent OR move. If it does and the landlord only asked you to vacate the property, you could have a defense.

·        Check the lease or rules for any other special things the landlord must do before he can evict you.

(3)        FILL OUT THE REST OF THE ANSWER TO FIT THE FACTS OF YOUR  CASE

·        Read the whole Answer Form.

·        Check the box next to each statement you think fits the facts of your case.

·        If you do not live in public housing, Section 8 housing, or any other kind of housing that has government assistance, skip the two sections of the Answer that deal with defenses in that kind of housing.

·        Sign and date the Answer form under the section called Relief Requested.

·        Bring the answer to a Notary to have it notarized. DO NOT SIGN YOUR NAME UNDER THE SECTION CALLED "VERIFICATION" UNTIL YOU ARE IN FRONT OF THE NOTARY. There is a filing fee for an Answer if your case will be in a City Court.

·        Fill in the Certificate of Service with the information that applies to your situation.

      If you file the Answer with the clerk of court on a day that is before the day of your court eviction hearing, you must mail or deliver a copy of the Answer to your landlord's lawyer, if the landlord has a lawyer, or to the landlord, the same you file you Answer with the court. It is a good idea to bring an extra copy to give the landlord or the landlord's lawyer at court.

      If you file the Answer the same day as your hearing, you must bring a copy of the Answer with you to court and give it to your landlord or the landlord's lawyer as soon as you see him or here in court.  

      The sample Answer form included with these instructions provides for mail delivery (for Answers filed before the court date) or hand delivery (for Answers filed on the day of the court hearing).

·        If you are a low-income person who cannot afford to pay a filing fee, you and a witness have to go together to see a notary with a form called an In Forma Pauperis (pauper affidavit).  You have to fill out the information asked for on the form and get the notary to notarize your signature and the signature of your witness.

The In Forma Pauperis form asks the court to let you file your Answer without paying the fee in advance (called a "waiver"). You will have to attach your proof of income with this form. The witness you bring with you to the notary must be over the age of 18. The witness must know you and must believe that you cannot afford to pay court costs.  A judge must sign the Order on the form for the Clerk of Court to let you to file your Answer without paying filing fees in advance.

YOU AND THE WITNESS MUST SIGN THE IN FORMA PAUPERIS PAPERS IN FRONT OF THE NOTARY, WHO MUST NOTARIZE THESE SIGNATURES.

You can call the court to ask about how you can get the In Forma Pauperis form. For more information, see our website at ww.lawhelp.org/La in the Evictions section "In Forma Pauperis-When You Can't Afford Court Costs."

CLICK HERE FOR A SAMPLE ANSWER.

Again, the sample Answer is not a substitute for a lawyer's advice, and it is best to talk with a lawyer if you can before filing any court papers.

(4) FILING THE ANSWER WITH THE COURT

Go to court early - at least one hour before court starts.  

·        You have to file your ANSWER with the Clerk of Court to protect your rights. Again, go to the courthouse early, at least one hour before court starts. The Clerk's office should be open before court starts. You must file the Answer before the eviction hearing. If you are filing in forma pauperis, you must make sure the clerk knows this and that the judge signs those papers. 

·        Bring your completed ANSWER and at least two copies of your Answer to the clerk for the court.

·        Tell the clerk you want to file an ANSWER in an eviction. The court will keep the original ANSWER and you will keep the copies. One is for you and one is for the landlord.

·        Tell the clerk if you have an In Forma Pauperis affidavit, so that you can ask the court to "waive" the filing fees for the ANSWER. Give the Clerk the In Forma Pauperis papers (pauper affidavit). If your request for a waiver of the fees is denied, then you will have to pay the filing fees. City courts require a filing fee but justice of the peace courts do not have a filing fee. Before you go to court to file your Answer, ask the Court in advance to tell you what the filing fee is to file an Answer in an eviction case. Courts can tell you how much their filing fees are if you call them in advance.

(5) WHAT TO BRING TO COURT FOR YOUR EVICTION

·        You must bring your ANSWER and copies of it. Remember to bring your filing fee or bring your In Forma Pauperis papers if you are going to try to file without paying fees in advance. You will file the signed original with the clerk of court. You should have an extra copy of your signed Answer for you to keep, and you need a copy of your signed Answer to give to your landlord at court.

·        Bring all evidence with you to court that will help prove your side of the case. Your evidence could be your written lease, rules and regulations, any written letters or notices from the landlord, rent receipts, canceled checks, money order stubs, and any letters you sent to the landlord, photos, or anything else you think helps your case.

·        Bring a Motion for Suspensive Appeal with you if your case is in City Court or a Petition for a Trial De Novo if your case is in Justice of the Peace Court just in case you lose.

·        If you live in public housing, Section 8 housing, or other government subsidized housing, be sure to bring any letters from the Housing Authority that help show your side of the case. This could be letters or notices about how much your share of the rent is, the contract the Housing Authority has with your landlord, papers about inspections, copies of notices sent to the landlord, or anything else which helps prove your side of the case.

·        If your eviction is about nonpayment of rent, bring all of the rent which you think you really owe with you to court, in case you are able to work out (settle) the case at court. The landlord may also want you to pay his court costs to settle the case. There is no guarantee that the landlord will take the money at court to settle the case.

(6) WHAT TO DO AT COURT

·        YOU MUST GIVE YOUR LANDLORD A COPY OF THE ANSWER AS SOON AS YOU SEE THE LANDLORD OR THE PERSON REPRESENTING THE LANDLORD AT COURT. If you filed your answer at any time before the actual court date, you must mail him a copy of the ANSWER also.

·        If you think your landlord is reasonable, try to discuss the case with the landlord. If you just want more time, let the landlord know. If you want to pay the rent or work out a payment plan, let the landlord know. If you have corrected a problem that was your fault, let the landlord know.

·        When your case is called, make sure that the judge knows right away that you filed an ANSWER. Make sure the judge knows this before the judge starts to hear the case.  

·        When it is your turn to talk, be sure to tell the judge your reasons why you should not be evicted. Be sure to show the judge any proof you have with you. Tell the judge you want to enter your proof into evidence.

·        Always be very polite to the judge, to the landlord and to everyone at court.

·        The judge usually makes a decision right then and there while you are at the court hearing. If the judge rules against you and you know you want to appeal, ask then what the amount of the appeal bond will be, so you can prepare. See more about appeals below. You should have your appeal papers with you at the court hearing, just in case you need to file for an appeal.

(7) IF YOU LOSE AT COURT: NFORMATION ABOUT APPEALS

·        You only have 24 hours from the time that the court issues a judgment to file for an appeal. Make sure you brought the right appeal forms with you to court. You can get those forms at our website at www.lawhelp.org/La under the Self-Help section.

If you file for an appeal, the court will set an appeal bond. The

appeal bond is usually set at the amount of the monthly rent, and the

court may ask that you pay this amount every month to the court for as

along as the case is on appeal. If you owed more than one month of

rent in a nonpayment eviction, the judge will probably set the bond at

the full rent owed to start the appeal with a requirement that you pay

the regular monthly rent when it is due while the case is on appeal.

·        There is a fee to file papers in court for an appeal. This amount is different in different courts around the state.  If you filed a pauper affidavit (in forma pauperis), you can ask to file "in forma pauperis" in the appeal court also. Appeals can take anywhere from 4-6 months to complete. You can keep living in the apartment as long as you pay the appeal bond on time. But if your landlord really wants to get you out, he may try to evict for a new reason and start a new case against you. 

·         If you decide to take an appeal, you may want to contact a lawyer or legal services office. You will have to file a brief for your appeal with the court. If you appeal from a Justice of the Peace Court eviction, you will have to present your evidence at a new trial in front of a new judge. See the section on eviction appeals at www.lawhelp.org/la  for more information.