You can answer the petitioner orally or in writing. If you answer orally, you tell the Judge on the court date your answer.  You should do this on the first court date because some defenses are waived if not answered on the first appearance. If you are answering orally you should still refer to the attached nonpayment and holdover answers. If you answer in writing, complete the attached nonpayment or holdover answer, bring a copy for the court and for the landlord/petitioner. Keep a copy for your own records.

If you have a counterclaim as listed in the attached holdover and nonpayment answers, you should serve the landlord/petition prior to court.  If the landlord has an attorney, mail the answer to the attorney’s office listed on the petition. If the landlord/petitioner does not have an attorney, mail the answer to the petitioner/landlord’s address listed on the petition. You must complete an affidavit of service for the answer. Bring a copy of the answer and the affidavit of service for the court, the landlord/petitioner and keep a copy for your records.

Holdover Case:

Download a PDF of the Answer & Counter-Claims form for a holdover case

Non-Payment Case:

Download a PDF of the Answer & Counter-Claims form for a nonpayment case