Question 1

How long do I have to file my Answer?

Accepted Answer

Short, and it varies by state and by case type — some windows are a handful of court days. The citation or summons served on you states your deadline; that document, not a general rule, is what governs. California's is set by CCP § 1167, amended by AB 2347 effective January 1, 2025. Federal student-loan / Section 8 cases can carry additional notice requirements. Miss the deadline and the court enters default judgment, ordering possession to the landlord and a money judgment for back rent and costs. Read the date off your summons, confirm it with the court clerk, and file immediately.

Question 2

What is "improper notice"?

Accepted Answer

Every state's UD statute requires the landlord to send a specific notice (3-day to pay or quit, 30-day no-cause termination, 60-day for tenancies over 1 year, etc.) BEFORE filing the Complaint. The notice must be in the right form, contain the right content (exact amount due, cure deadline, mailing address for cure), be properly served (personally, posted-and-mailed, or by mail depending on the state), and run for the full statutory period. Whether a defect in any of those — a wrong amount, a missing cure address, service before the notice period expired — affects a particular case is a question about that case, and courts do not treat every defect the same way. Read your state's notice statute against the notice you were served.

Question 3

What if I just paid the rent late?

Accepted Answer

Many states have a CURE provision in nonpayment UDs — pay all rent due plus statutory costs and the action is dismissed. Some states require landlord acceptance; others make cure mandatory. Even in non-cure states, some courts treat late-paid-and-accepted rent as waiver — the landlord, by accepting, gave up the right to evict for that nonpayment. The wizard offers rent-tendered and waiver among the defenses you can select; documentation of the payment and its acceptance is what those defenses rest on.

Question 4

I requested repairs and now the landlord is evicting me — is that retaliation?

Accepted Answer

Almost every state has an anti-retaliation statute: a landlord cannot evict (or raise rent, refuse to renew, etc.) BECAUSE the tenant exercised a protected right. Protected rights include requesting repairs in writing, contacting code enforcement, joining a tenants' association, asserting habitability claims, withholding rent properly, applying for housing assistance, and being a member of a protected class. The Answer asserts retaliation. The strongest evidence is timing — landlord retaliated within 6 months of your protected activity is presumed retaliatory in many states.

Question 5

I'm in subsidized housing — does that matter?

Accepted Answer

Yes, significantly. Section 8 (Housing Choice Voucher) tenancies require the landlord to give CONCURRENT notice to the housing authority and follow additional procedural safeguards before terminating. Public housing has "good cause" eviction protection and full grievance procedures. Project-based Section 8 (LIHTC) has its own rules. The wizard includes a Section 8 / subsidized-housing defense among the options, and your housing-authority caseworker is the person who can tell you which procedural protections your tenancy carries.

Question 6

Should I file a counterclaim?

Accepted Answer

Sometimes — if you have damages from the landlord (security deposit not returned, habitability violation costing you money, harassment causing emotional distress, illegal lockout/utility shutoff). A counterclaim turns defense into offense and can result in YOU getting a money judgment against the landlord. But UD counterclaims are subject to specific procedural rules in many states (must be related to possession, cannot exceed jurisdictional limit, etc.). Consider Case Pass for the trial-prep packet that handles counterclaims.

Question 7

Should I demand a jury trial?

Accepted Answer

Where allowed (most states allow jury trials in UD with a small fee — $20-$300), it is a decision to make deliberately and early, because in most states the demand must be made with the Answer or it is waived. A bench trial is generally the faster path. Which suits your case is your call, and it is worth putting to a lawyer if you can reach one. The wizard checkbox asserts the right; you'll typically need to pay the jury fee at filing or a few days before trial.

Eviction (unlawful detainer) Answer

Repair-demand letter (documented paper trail) — free

Case Pass — $149

Eviction (unlawful detainer) Answer

Repair-demand letter (documented paper trail) — free

Case Pass — $149