Going to court when you sue your landlord can feel overwhelming. Being prepared will help you feel more confident.
What to bring
Bring anything that helps explain your situation. Keep everything together in a folder or envelope so you don’t lose anything. Bring this folder every time you go to court.
This could be:
- All the court papers you have
- Any court papers you filed
- Records of problems in your apartment or building (no heat, leaks, pests, mold, etc.)
- Photos or videos of the problems. Write the date on them and explain what is shown
- Copies of letters, texts, or emails with your landlord or property manager
- Receipts if you had to pay for repairs yourself
- A list of dates you spoke to your landlord or building staff about problems
- Witnesses if your case might go to trial
- Proof of rent payments (receipts, canceled checks, copies of money orders)
- Anything else that you think could help your case
Smart steps for court
A lot of people lose their case because of process mistakes. Don’t let that happen to you.
Make sure to:
- Go to your court date. Only miss it if you have a real emergency and immediately tell the court. A judge can rule in favor of your landlord if you do not come to court. If you have no other choice but to miss court because of an emergency, make sure to call the court as soon as possible.
- Arrive early. Plan to be there at least 30 minutes before your scheduled time. There are sometimes lines at security. It is extremely important to be at court on time.
- Bring all your papers every time. Keep everything together so you don’t leave something important at home.
- Find your courtroom. Look at the information on your papers and ask a court officer if you’re not sure.
- Ask questions before signing anything. Make sure you understand and agree with any court agreement. If you do not understand it, do not sign it.
- If you’re holding back rent, keep it safe. Don’t spend that money in case the judge tells you to pay later.
- Get receipts for every payment. If you pay in cash or money order, insist on a receipt.
What happens at your court appearance
When your name is called, you can approach the judge. Usually, there is a podium or table to stand or sit at.
If your landlord does not show up to court, the judge may grant a default judgment. This means that you win because your landlord did not show up.
If your landlord does show up, the judge will likely ask you and your landlord about the repair issues. Respectfully tell the judge what problems are in your home. Inform the judge you told your landlord about the problem(s) and they did not fix them.
Your landlord may ask to settle the case with you. This means they will try to come to an agreement with you without a court decision. You do not have to come to an agreement if you do not want to. But, your landlord may offer to fix the problems, reduce your rent, and more.
If you or your landlord do not want to settle or cannot reach an agreement, the case will likely go to trial. In a trial, the judge will decide the case.
What happens at the trial
After you give your Article 7-D repair problems, and your landlord tells their side, the judge will decide if your case should move forward to a trial. If they decide it should, a trial is where you can show your proof and tell your story.
A trial (a court hearing where both sides show evidence) happens if you and your landlord do not settle the case.
At trial:
- You and your landlord each show evidence and tells your sides of the story
- The judge listens and then makes a decision
Presenting your evidence
You can show documents, photos, or screenshots to support your case.
To have a document accepted as evidence, you must:
- Give a copy to the landlord or their lawyer
- Explain how you know the document is real
- Confirm it has not been changed
- Ask the judge to “accept this document into evidence”
Each side may ask questions about the other side’s witnesses and documents.
Witnesses
A witness is someone who has first-hand knowledge of your case. You may bring witnesses to help prove your claim. For example, if your heater did not work, you might call a repair person who looked at it.
Witnesses must speak in a question-and-answer format. You ask the questions, and the witness answers.
If you have no witnesses, you may ask the judge to let you testify in the narrative. A narrative is when you tell your story in one long explanation.
The judge’s decision
After all the evidence is shown, the judge may:
- give an oral decision (a decision spoken in court), or
- take a few days or weeks to give a written decision.
The judge’s decision should include:
- what rent decrease they are giving, if any
- what back rent they are giving you because of the repair issues, if any
- what repair problems they believe were in the home and when, if any
- what repairs your landlord needs to make, if any.
If you lose the case, the judge will decide that you don’t get any of these.
What to say in court
Here are clear phrases you can use.
At your court appearance
To list your repair claims :
- “I assert the following repair issues…”
At trial
To call a witness:
- “I call Jane Doe as my witness.”
To question a witness:
- “Have you ever been to the apartment at 123 Main Street?”
- “When were you last there?”
- “What did you see?”
To testify yourself:
- “Your Honor, I call myself as a witness and ask to testify in the narrative.”
To submit documents:
- “Your Honor, I am giving the landlord these screenshots. I took them myself. They are true and accurate and have not been changed. I ask that they be accepted into evidence.”
The judge may ask follow-up questions, and your landlord may respond.
Última revisión: December 17, 2025