The purpose of an eviction hearing is to determine if the landlord has a legal right to have the tenant evicted for the reason(s) asserted by the landlord. This is your chance to tell your side of the story to the Judge. The landlord should arrive at the hearing prepared to explain to the Judge why they are entitled to have the tenant evicted, and why they should be awarded a money judgment in addition to being awarded a judgment of possession.

For non-attorneys unfamiliar with the process, the prospect of attending an eviction hearing can feel like a daunting task. This blog provides guidance to help you prepare for the process and avoid potential surprises at the hearing to give you the best chance of succeeding.

Before The Hearing

When attending an eviction court hearing, you should have the following documents or materials available:

• All court papers related to the eviction case. Court papers, eviction notice, notices from the court, etc.

• The lease or rental agreement.

• Written letters, emails/texts, or other written communications between you and the tenant.

• Any notices or letters sent to the tenant

• The sworn testimony of witnesses

• Any other documents or papers that are related to your case that you would like to share with the court

How To Dress And Speak

Although wearing a suit and tie are unnecessary, you should be well-dressed for court. Do not come to court in a T-shirt, shorts and flip-flops or a miniskirt. Make sure your clothes are clean and pressed. Always be respectful to the judge and the opposing party. You will know when it’s your turn to speak because the judge will ask you questions. Use the judge’s title—sir, ma’am or your honor—when answering questions. Feel free to reference and read your documents when being questioned.

The Eviction Hearing

Bring 4 copies of your documentary evidence to the hearing – one copy for the judge, one for the clerk, one for the opposing side and one for yourself. Before the hearing, write down the case number and have it ready. An eviction hearing begins when the Judge calls the case by saying the case number and the names of the landlord and tenant. In most eviction cases, the Judge will ask the landlord (or the landlord’s attorney) to go first. This is your chance to briefly explain why the tenant should be evicted.

After you have spoken, the Judge will ask the tenant if the landlord’s allegations are true. This is when the tenant would state their defense to the Judge. Whenever possible, the landlord should be ready to support arguments with “evidence” (proof). Examples of relevant and material documentary evidence are listed above.

It is important for the landlord to keep in mind that if the tenant has a legal defense to eviction, he or she likely will be focusing on presenting that legal defense to the Judge. The landlord should be ready to refute any defenses with oral and documentary evidence.

If the Judge decides that it looks like the tenant may have a legal defense to eviction and/or the basis for a Counterclaim against the landlord, the Judge will order a trial. The Judge may decide to conduct the trial right then or to schedule the trial for later that day or up to 3 business days later. Since there may not be a continuance, the landlord should be prepared for the eviction hearing at the initial appearance.

If you are not prepared for the trial, you may ask the Judge for a “continuance” (postponement) of the trial. The judge typically will allow a one-time continuance if you have a legitimate reason for the request, but a continuance is not guaranteed.

The Judgment

At the end of the eviction hearing or trial, the Judge typically will decide two things:1) . Whether the tenant should be evicted, and 2) how much money (if any) the tenant owes the landlord (or the landlord owes the tenant). Specifically, if the Judge decides the tenant should not be evicted, he or she will dismiss the landlord’s Complaint and/or grant a Judgment for Possession to the tenant. If the Judge decides the tenant should be evicted, the Judge will evict the tenant by granting a Judgment for Possession to the landlord. If the Judge decides the tenant owes money to the landlord, the landlord may be entitled to recover any or all of the following:

• Unpaid Rent (including rent that came due after the landlord filed the eviction Complaint).

• Reasonable Late Fees that were specified in writing in the rental agreement.

• Other Fees or Charges described in the rental agreement.

• Court Costs.

• Reasonable Attorneys’ Fees.

• Other financial losses directly resulting from the tenant’s violation of the Rental Agreement.

If a tenant does not attend the eviction hearing, the landlord usually wins the case automatically. This results in a Default Judgment, and the landlord may be awarded some or all of the damages listed above.

Please contact Lynx Legal Service with any questions on the above. We can be reached at 888-441-2355 or info@lynxlegal.com. Our experienced professionals are standing by to answer any inquiries you may have.