If youre dating a law student raise your hand

Then, the Clerk will read the names of all parties or litigants who are scheduled to appear. You must answer "here" or "present" and state your name when your name is called. Make sure you can hear the Clerk clearly. If you cannot hear, raise your hand and let the Clerk know. If you miss your name and fail to answer, a "default judgment" may be entered against you. Once the Clerk completes roll call, you can decide to do one or more of the following: It is important that you "reserve all rights" when asking for a continuance.

If you don't "reserve all rights," you may lose some rights, including your right to ask for a jury trial. Ask for a "bench trial" before a judge so you can prove your defenses. The trial probably will be set for a date between 2 two weeks and 2 two months from when requested. File an "Answer," though you are usually not required to do so in Landlord Tenant Court.

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A mediator will talk to both sides and try to help settle the case. However, you do not have to settle the case, and you should speak to a lawyer if you do not understand any part of the mediation or what is being said to you by the mediator. Back to Top 4. Answers and Other Responses What is an "Answer? What is a "Counterclaim? There are two types of counterclaims: You can claim a refund either for the period you have lived in the rental unit or 3 three years, whichever is shorter. Usually, tenants file Counterclaims only when housing conditions of the rental unit have been really bad for a long period of time.

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You are seeking that the landlord be ordered to make repairs. What is a "Recoupment? What is a "Set-Off? How much will I be required to pay? What if I am unable to pay my "Protective Order? What happens if I can't afford to pay any Court fees? Other Agreements You and your landlord can also come to some other type of agreement, either on your own or with the help of a Court-appointed mediator.

Back to Top 7.

If youre dating a law student raise your hand

Defenses What are defenses to a nonpayment of rent case? Some legal defenses include: Housing Code Violations - There were serious problems in my rental unit during the period I didn't pay rent that the landlord knew about or should have known about, but refused or failed to fix, and which were not caused by me or my family or guests, including serious problems with the heat, hot water, kitchen appliances, bathroom fixtures, leaks, insects and rodents, floors, walls and more.

Incorrect Amount - I do not owe the amount of money my landlord says because my landlord is suing me for money I already paid. Illegal Rent Level - I do not owe the amount of money my landlord says because my landlord is charging me an illegal rent level. I do not owe the amount of money my landlord says; or the Notice to Quit does not tell me how much money I owe; or the Notice to Quit gave me fewer days than required in my lease or by law; or my landlord did not provide me with a copy of the Notice to Quit correctly; or I paid all the money required under the Notice to Quit.

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  • Complaint - My landlord did not provide me with a copy of the Complaint correctly. What are defenses to a "Notice to Quit" case for lease violation s? The following are some legal defenses you may be able to raise: I did not receive a Notice to Quit telling me why my landlord wants to evict me.

    Frequently Asked Questions By Tenants

    I did receive a Notice to Quit telling me why my landlord wants to evict me, but: Retaliation - The real reason my landlord wants to evict me is because: The real reason that my landlord wants to evict me is because of my list only those items that apply: My landlord is treating me differently than other tenants because of my race, color, religion, national origin, sex, age, marital status, personal appearance, sexual orientation, gender identity or expression, familial status, family responsibilities, disability, matriculation, political affiliation, source of income, or place of residence or business.

    I am a person with a disability and my landlord is trying to evict me even though I am entitled to a reasonable change or accommodation to a policy, procedure, lease term, or the building itself so that I can have an equal opportunity to use and enjoy my residence. An example of this defense is if a person needs a service animal, such as a dog that alerts a tenant who is deaf to the sounds of a door bell, phone calls, or a smoke detector. In such a case, a landlord is required to make an exception to a "no-pets" policy and cannot evict the tenant for having a dog.

    My landlord is trying to evict me because of the number of people living in my home, I have at least one child living with me, and the number of people living in my home is not more than, in an efficiency apartment 2 persons or in an apartment with one or more bedrooms, 2 times the number of bedrooms plus one. Back to Top 8. Trial Should I request a bench or jury trial?

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    However, some of the considerations include: A bench trial usually is scheduled within about 2 two weeks to 2 two months from when requested. A jury trial usually is scheduled within about nine 9 to ten 10 months from when requested. Either way, it is likely that you will have to continue to pay your rent while you are waiting for your trial. A bench trial doesn't cost anything. A bench trial usually does not require additional Court appearances until the day of trial. A bench trial is less formal and usually can be conducted without a lawyer.

    A jury trial is much more complicated and requires that you have some legal knowledge. How do I prepare for trial? A trial is your chance to prove your side of the case to the judge or jury. You should come to Court prepared and organized on the day of trial. Sometimes it is best to tell your story in the order in which it happened. It is best to only tell the judge or jury the facts that directly relate to the case.

    So, for example, if you are being sued for nonpayment of rent, you may not need to tell the judge or jury that you and your landlord don't get along or that you really think you're being sued because too many people live in your rental unit. Your landlord will have the chance to tell the judge or jury why you are being sued for eviction.

    Your landlord probably will present documents, like your lease, and ask that they be "moved into evidence.

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    Your landlord also will present testimony about why you are being sued for eviction. You have the right to "cross-examine" any of the witnesses and ask them questions - either to show they are not telling the truth or to bring out more facts that help your case. You then will have a chance to testify if you choose. It may help you to practice before trial exactly what you want to say and in what order you want to say it.

    Your landlord or landlord's attorney will have a chance to cross-examine you - asking you questions to either show you are not telling the truth or to bring out more facts that help to prove the landlord's case. You also can ask other people to testify as witnesses for example, neighbors or a housing inspector if they can tell the judge or jury facts that relate to your case. If you want to require certain witnesses to testify, you can subpoena them.

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    You will also have a chance to present documents that support your case for example, rent checks that prove your landlord cashed them or copies of letters that you wrote to the landlord. You can also present pictures for example, of housing code violations that relate to your case. Print out any pictures and documents that you have stored on your phone or other electronic device so that they can be presented on the day of the trial.

    For example, if you would like to present housing inspection reports, you will have to subpoena the housing inspector. You should speak to a lawyer about how to do this. Both you and your landlord will have a chance at the end to briefly restate all the facts that were presented. The judge or jury then will decide your case. What happens on the trial date if I request a bench trial? Do I need a lawyer? Back to Top 9. Judgments, Writs, and the Eviction Process I never received notice of my case and now a judgment is entered.

    What should I do? If a judgment is entered against me, how much time do I have until I'm evicted? How do I know if I'm on the eviction list? Is there anything I can do to stop an eviction once I receive a Writ of Restitution? What is a money judgment? Is there anything I can do to stop the landlord from taking money out of my wages or bank accounts?

    Protected sources of income: Back to Top Housing Code Violations and Security Deposits How do I get my landlord to fix problems or housing code violations in my rental unit? If your landlord still refuses to fix the problems you have several options: The inspector will send a copy of the inspection report to your landlord and instruct the landlord to make repairs within a certain amount of time.

    You can file a regular case in the Civil Actions Branch, requesting that the Court order the landlord make repairs and requesting a refund in rent because you paid too much for the rental during periods when housing code violations existed. If the housing code violations are severe for example, no heat in winter , you can immediately file in the Civil Actions Branch of Superior Court for a Temporary Restraining Order, as part of a case on the Housing Conditions Calendar or as part of a regular civil action. This agency allows tenants to bring actions against their landlords.

    The rules and procedures are very informal and tenants usually do not need lawyers to proceed. However, if the landlord does not do what is ordered, the agency has limited power to enforce its own orders. Bring an action in Small Claims Court. You can stop paying your rent.

    Because only landlords can bring an action in Landlord Tenant Court, the only way for tenants to get in front of a judge in this court is to withhold their rent and wait to be sued by their landlords. Once you are in Landlord Tenant Court, you can ask the judge to order the landlord to make the repairs. Now works for buzzfeed writing mildly entertaining articles. You mean the bit that says he includes she? Although if I were being charitable, I would say that it was written from a female perspective and an attempt has been made to make it gender neutral, but the misses are down to, once again LC, poor proofing and editing.

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