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How much time do I have to answer an eviction
You have 5 days to respond to the lawsuit by submitting the following to the court clerk’s office:
- A written statement in response to the landlord’s Complaint, called the Answer.
- If you do not agree with the amount of rent the landlord says you owe, a written statement asking the court to decide the amount you must pay, called a Motion to Determine Rent.
- Payment for the rent you owe (both past due and future rent as it becomes due). After the eviction lawsuit is filed, you must give payments to the court clerk’s office, not your landlord.
- Proof (receipts, copies) of any rent payments made to your landlord that are claimed in the lawsuit. The proof should be attached to your Answer.
The 5-day period begins at the time the papers are either given to you or posted on your door. The 5 days does not include weekends, holidays (when the court clerk’s office is closed), or the day you are served. For more information about answers, see the article Filing Your Answer to a Complaint.
If you do not submit your Answer, file a Motion to Determine Rent, or deposit the rent you owe with the court clerk’s office within the 5-day period, your landlord is likely to win by default. If this happens, the judge will evict you by issuing a Writ of Possession, ordering that you have 24 hours to move. Your landlord can prevent you from entering the property after the 24-hour period has passed.
