After you receive a pay or quit notice, you can pay and stay, fight the claim, or leave. Unless the landlord releases you from the deliquent rent, you should expect a civil suit or collection action even if you leave within the time required in the notice. Other fees and rents may also accrue.
If you decide to stay and not pay by the deadline, expect the following:
- The landlord will file a dispossessory action.
- You will receive a copy of the affidavit through personal service or tack and mail.
- You will have a 7 day deadline to file an answer and counterclaim.
- You can pay take advantage of the tender rule in rent cases by paying rent, fees, and court costs to the landlord before filing an answer. If the landlord refuses, that refusal should go in your answer. If the landlord accepts full payment, still file a timely answer and include that payment in your answer.
- If you file your answer with the Court, the next step is to appear at a hearing.
- Even if you settle with the landlord before court, check with the clerk's office to confirm the case has been removed from the docket.
- If the only issue is rent payment, personal emergencies (sickness, family death, job loss) are not defenses for non-payment.
- If you lose your first case, you can always file an appeal with State or Superior Court if you have a legitimate defense you believe was ignored by the court, or you believe evidence or witnesses you did not have in the lower court would have changed the outcome. That appeal must be filed within 7 days of the Court's judgment.
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