If you're answering
Your tenant is suing you
Papers have arrived, in small claims or another court. The papers themselves tell you what you need to do and by when. Read that part before anything else, and if any of it is unclear, that is the moment to speak to a lawyer or the court clerk. Everything below is about the other half: making sure that when you answer, you answer from a record and not from memory.
Free to build. $59 once, for this case, if you want to download the finished file.
Last updated Oct 10, 2026
Written by Dave Shelton, founder of BuildMyEvidence. Thirty years in business taught him that the person with a clear record gets taken seriously.
Split the claim into points
Tenant claims usually bundle several things together: a deposit, a repair that wasn't made, conditions in the unit, an entry they say had no notice, a fee they say was unfair. Copy each one out separately, in their words. Under each, write what you say happened and what you have that bears on it.
The lease and the money
Start with the lease, any renewals, and any addendums. Then build a plain ledger of the tenancy: rent due, rent paid, any deposit taken, anything deducted and why, and when any itemized statement was sent and how.
If the dispute is about a deposit, the move-in and move-out photos and inspection notes are the center of it. Pair them: same room, same angle, before and after. One of our worked examples is built exactly this way: A landlord keeping part of a deposit: a worked case
Repairs and requests
For each repair the tenant mentions, write down:
- When you first heard about it, and how.
- What you did, and when.
- Who did the work, with their invoice if you have one.
- Anything the tenant said or sent afterwards.
If you can't find a record of a request, say so. If you find one you had forgotten about, put that in too. A record that includes the awkward parts is more believable than one that doesn't. What makes a record believable
Entries and notices
List every time you, or anyone working for you, entered the unit: the date, the reason, and how notice was given. Do the same for every notice you served. Keep copies exactly as sent, along with whatever shows how and when they were delivered.
What to leave alone
- Don't contact the tenant about the case in a way you wouldn't want read out later. If you need to contact them, keep it short, in writing, and about practical matters only.
- Don't enter the unit if they still live there except as the lease allows, with notice, and write each entry down.
- Don't fill gaps after the fact. If an inspection note is missing, don't create one now that looks old. Write a new note, dated today, of what you remember, and say that is what it is.
- Don't let the date in the papers slip while you get organized. Organizing is for the answer, not instead of it.
What your side looks like when it is in order
BuildMyEvidence is a place to put it. You write down what happened, as it happens, and attach what you already have. Everything gets a date and a number.
For something like this, that gives you:
- The tenancy in one chronology, from the lease signing to the papers arriving.
- Their points, listed separately, with your lease terms, photos and messages under each one.
- Every document dated and numbered, so your answer can point straight to it.
- Your own statement, in your words, numbered, with a page at the end to sign by hand.
You can read every page in full before you pay. The screen copy carries preview marks across it. The file you download is clean, and it is $59 once, for this case. What the $59 covers
It is a record, not a lawyer, and it does not tell you whether you will win. It makes sure that in three months, when somebody asks what happened, you are not relying on what you remember about a tenancy that may have ended a year ago.
Read one that is already written
Two of our four worked examples are written from this side — somebody answering something they did not start. You can open them and read every page, free.
Related: A demand letter arrived · You got an HOA violation letter · A complaint was filed against your license · HR scheduled a meeting and won’t say why · Your landlord says you caused the damage · Accused of using AI on your work · Your insurer is investigating your claim · A code violation notice was left at your property · You received a Statement of Reasons on your security clearance · A homeowner says your work was bad, unfinished, or overpriced · The school has raised a complaint about your child · A neighbor has complained about you · Your landlord sent a lease violation notice · Your co-parent says you broke the parenting plan
Questions people ask
- Do I need a lawyer for small claims?
- We are not going to guess. Plenty of people handle small claims themselves, and it depends on the court and the claim. The clerk's office can tell you how it works there.
- Can I counterclaim for unpaid rent or damage?
- That's a legal question we can't answer. If you do have a claim of your own, the same record supports it.
- I only have one rental. Is this for me?
- Yes. A single unit with a clear record is a much easier thing to answer for than a single unit with a shoebox of receipts.
- Is what I write here private?
- Yes. It is your account, and nothing leaves it unless you send it. Privacy
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