How to file an Answer in an eviction case

When you get a Summary Process Summons and Complaint , file your Answer as soon as you can.

Use the Answer to:

• Defend your rights,
• Explain to the judge why your landlord should not evict you, and
• Tell the judge what the landlord did wrong.

You can download this "how to" Answer booklet as a PDF file. Follow the instructions to complete your Answer. Or use the Massachusetts Defense for Eviction (MADE) free online Answer form tool. It asks you questions and helps you build the Answer you need to file at court.

This "how to" does not take the place of a lawyer. Try to get a lawyer. Some Legal Services offices in Massachusetts have clinics that can help you with your Answer. Contact your local legal services program to find out more about these clinics. Some courts have a Lawyer for a Day program. The program offers free legal advice on your court day.

Start your Answer so you can get it to the court and your landlord's lawyer by the deadline. You must get your Answer to the court and your landlord's lawyer by the deadline.

The deadline will be on the notice that you receive telling you about your first court date. You will get this notice shortly after you receive the Summary Process Summons and Complaint . You can also find your court date on masscourts.org. When you search for your case, you will see a docket listing the date.

If you are not sure when your Answer is due, call the court clerk.

If your case is in:

• Housing Court, the deadline is on or before 3 business days before the date of the “Housing Specialist Status Conference.” This is the “First-Tier Court Event.”
• District Court or Boston Municipal Court, the deadline is on or before 3 business days before the date of the “Case Management Conference.”

The court and your landlord must get your Answer on or before 3 business days before your first court date. If your landlord does not have a lawyer, you need to get a copy directly to your landlord.

Do not mail it. See below about how to get your Answer to the court and your landlord on time.

Your answer should include:

• Basic information: Facts about the case like names and addresses. This goes on the first page of the Answer.
• Defenses: The legal reasons your landlord should not evict you. For example, the landlord is evicting you because you did not pay the rent, but you did pay it.
• Counterclaims: Your claims against your landlord. For example, you may claim the landlord owes you money because they broke the law. Or, you may ask the court to order your landlord to fix your heat or stop locking you out of common areas.

If you do not file your Answer by the deadline, file a Motion for Leave to File Answer Late.

Use Booklet 3A: Motion to File Answer Late. Tell the court why you missed the deadline. When you file this motion, attach your completed Answer form.

The Summons and Complaint tells you the court that is hearing your case.

If your case is in District Court or the Boston Municipal Court (BMC), you can transfer your case to the Housing Court. Housing Courts have more resources to help tenants.

If you transfer your case to Housing Court, use Booklet 5: Transfer.

When you are preparing for your case, you may need information that only your landlord has. Discovery is the court process that helps you get the information you need from your landlord. When you file your Answer, you can also file Discovery forms. You have the right to ask for Discovery. To ask for Discovery in your case, see Booklet 4: Discovery.

Start your Answer so you can get it to the court and your landlord's lawyer by the deadline. You must get your Answer to the court and your landlord's lawyer by the deadline.

The deadline will be on the notice that you receive telling you about your first court date. You will get this notice shortly after you receive the Summary Process Summons and Complaint. You can also find your court date on masscourts.org. When you search for your case, you will see a docket listing the date.

If you are not sure when your Answer is due, call the court clerk.

If your case is in:

• Housing Court, the deadline is on or before 3 business days before the date of the “Housing Specialist Status Conference.” This is the “First-Tier Court Event.”
• District Court or Boston Municipal Court, the deadline is on or before 3 business days before the date of the “Case Management Conference.”

The court and your landlord must get your Answer on or before 3 business days before your first court date. If your landlord does not have a lawyer, you need to get a copy directly to your landlord.

Do not mail it. See below about how to get your Answer to the court and your landlord on time.

Your answer should include:

• Basic information: Facts about the case like names and addresses. This goes on the first page of the Answer.
• Defenses: The legal reasons your landlord should not evict you. For example, the landlord is evicting you because you did not pay the rent, but you did pay it.
• Counterclaims: Your claims against your landlord. For example, you may claim the landlord owes you money because they broke the law. Or, you may ask the court to order your landlord to fix your heat or stop locking you out of common areas.

If you do not file your Answer by the deadline, file a Motion for Leave to File Answer Late.

Use Booklet 3A: Motion to File Answer Late. Tell the court why you missed the deadline. When you file this motion, attach your completed Answer form.

The Summons and Complaint tells you the court that is hearing your case.

If your case is in District Court or the Boston Municipal Court (BMC), you can transfer your case to the Housing Court. Housing Courts have more resources to help tenants.

If you transfer your case to Housing Court, use Booklet 5: Transfer.

When you are preparing for your case, you may need information that only your landlord has. Discovery is the court process that helps you get the information you need from your landlord. When you file your Answer, you can also file Discovery forms. You have the right to ask for Discovery. To ask for Discovery in your case, see Booklet 4: Discovery.

Fill out the Answer form as soon as you can.

The letters and numbers in these directions match those on the form.

a. Copy the county from the top left corner of the Summons and Complaint .

b. You should check off if you are requesting discovery or not.

c. Copy your landlord’s name from the Summons and Complaint.

d. Write your name just as it is written on the Summons and Complaint. If your name is listed incorrectly, you can ask the court to fix it later. But if you do not copy your name exactly how it is on the Summons and Complaint, the clerk’s office may not file your Answer form correctly.

e. Copy the name of the court from the upper-right-hand corner of the Summons and Complaint.

f. Fill in the Docket Number , if you know it. The Docket Number is the number the court gives your case. The Summons and Complaint may have the docket number in the top right corner, or you can ask the court for the number. But it is also ok to leave this space blank.

g. After you fill out the Answer form, go back to the first page of the Answer form and check “g” next to “Counterclaims” if you checked any boxes between 36 and 68.

h. You must claim your right to a jury trial on or before your Answer deadline or you lose that right. Think about whether you want a jury to hear your case rather than a judge. If you claim a jury trial but change your mind later, the other party must agree with you to change the trial to one with a judge. To help you think about asking for a jury trial see the Note under Filing your Answer in Fighting an Eviction in Court. If you want a Jury Trial:

• Check the box “h” “With Jury Trial Request” at the top of the first page and
• Check off “I claim my right to a trial by jury” on the last page of the form.

In the facts section, fill out the blanks and check the boxes in 1-8 that are true for you. You can leave #3-5 blank if you do not have that information.

Paragraphs 9-69 in this Answer form list of common defenses and counterclaims that tenants use to stop an eviction. Check the boxes next to each defense and counterclaim that is true in your situation. If you do not check the box now, you will need to ask the judge to add a defense or counterclaim later.

What boxes you can check depend upon what type of eviction you are facing. See table below.

At the end of the Answer form, check off the boxes and tell the court what you need.

On the last page, sign the form and print your name.

Do you need information or proof from the landlord to help make your case?

When you are preparing for your case, you may need information that only your landlord has. Discovery is the court process that helps you get the information you need from your landlord. When you file your Answer, you can also file Discovery forms. You have the right to ask for Discovery. To ask for Discovery in your case, see Booklet 4: Discovery.

• If you are asking for Discovery, file the Discovery forms when you file your Answer with the court.
• Do not give the court the instruction pages in the PDF version of this booklet (pages 1-6). Only file the actual Answer form that begins on page 7.
• Make 2 copies of the Answer form. If you are filing a Discovery form make 2 copies of that form also.
• File the original, signed Answer and Discovery with the court by the Answer deadline. Call the clerk before you file and ask them what the best way is to file. You can:
  • Take it to the clerk’s office. If you hand-deliver to the court, ask the court to stamp the date on your copy so you have proof that you filed it on time.
  • Send it to the court electronically. Use the court’s online filing system. This is the best way if you can do it! To learn how to e-file, see How do I register to use e-filing?
  • Mail it, but only if it is at least a week before the deadline to ensure that it arrives by the deadline. Mail is slow and not reliable.
  • Hand-deliver it to your landlord's lawyer or your landlord.
  • E-mail it. Your landlord’s lawyer must accept the copy you email them. You can find their email at the bottom of the Summons and Complaint. If your landlord doesn’t have a lawyer, ask your landlord if they will accept your Answer and Discovery by email. If they agree in writing in an email or text, you can email it. If your landlord does not agree, you must get it to them a different way.
  • Fax it. You can fax your landlord’s lawyer or your landlord, but only if they agree in writing to accept it by fax. If they do not agree, you must get a copy to them in a different way.
  • Mail it, but only if it is at least a week before the deadline to ensure that they arrive by the deadline. Mail is slow and not reliable.
  Get ready for court

  Congratulations on getting your court papers completed and filed. Now make sure you are ready for court. Read Booklet 1: Protecting Yourself in an Eviction. It will give you a useful checklist about what to bring to court.