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GUIDELINE

A Written Statement of the Defendant-Tenant in an eviction suit is a critical legal document used in cases where a landlord is seeking to evict a tenant from a rental property. Here's a brief guideline for drafting such a statement in the Court of the Small Causes Judge and common mistakes to avoid:

Introduction: Begin with an introduction, clearly stating your identity as the defendant-tenant and the case details, including the court's name and case number.

Admissions and Denials: Address each of the plaintiff-landlord's claims and either admit or deny them. If you lack knowledge about a particular claim, state so.

Affirmative Defenses: Present any legal or factual defenses you have, such as improper notice, non-maintenance of the property, or any breaches on the landlord's part.

Counterclaims or Set-offs: If applicable, include any counterclaims against the landlord, such as claims for repairs or security deposit disputes.

Prayer for Relief: Clearly state what you are seeking, whether it's a dismissal of the eviction case or other specific relief.

Common Mistakes to Avoid:

Procrastination: Ensure you meet the deadline for filing your Written Statement to avoid default judgment.

Vague Responses: Be precise in your responses, and clearly admit or deny each claim without ambiguity.

Ignoring Legal Requirements: Understand and adhere to the specific legal requirements and procedural rules of your jurisdiction and court.

Lack of Supporting Evidence: Back your claims with supporting documents, like lease agreements, correspondence, or photographs.

Inconsistencies: Maintain consistency in your responses and avoid contradictions between your Written Statement and any prior communications or actions.

A well-drafted Written Statement in an eviction suit is crucial in protecting your rights as a tenant and ensuring a fair legal process. Avoiding common mistakes will strengthen your position in the case.

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