Yes, that's probably the law. You didn't give your state, so I'll answer based on Washington law.
To evict someone for not paying rent, I have to serve the tenant with a 3-day notice to pay rent or vacate. If I can't serve the tenant personally, I can tape the notice to the door. If the tenant vacates after 3 days, I cannot pursue eviction.
After 3 days, I serve the tenant with a Summons & a Complaint for Unlawful Detainer. The Summons will state in the first paragraph how long the tenant has to file his/her answer with the court and how to serve it on me. The Complaint will state how much back rent and late fees the tenant owes.
*The only way the tenant can stay in the house* is to pay the full back rent and late fees to the court before the response date. After the response date, I move for a default judgment. The court issues a Writ of Restitution and a judgment for the rent, late fees, attorney fees, and eviction costs (adds about $400 to what they owe). The Writ of Restitution directs the Sheriff to return the Writ (kick them out) within 10 days. Before enforcing the writ, the Sheriff serves/posts a notice that a deputy will be there in three days to keep the peace during the eviction.
Now, if the 3-day notice or the service of the Summons & Complaint was defective in ANY way, I cannot pursue the eviction. If I obtain and enforce a Writ of Restitution when I know it was invalid because of improper service, the tenant can turn around and sue ME for unlawful eviction. (The law is unclear whether I can go ahead if I serve the wrong person/door, but the tenant has *actual* notice on the day of service.)
Your course of action now is to file an answer to the Complaint. DO NOT DELAY. Copy the Complaint's format and answer each allegation with 'Agree' or 'Disagree and here's what really happened.' Use the same paragraph numbers. Add any counterclaims you think you might have. File the answer in court (call to see how many copies you need) and serve the landlord (the papers tell you where & how). The court will have to schedule a hearing to hear both sides and determine the facts. I don't know if you request the hearing or the landlord does.
Answering the complaint and raising a valid issue (improper service and incorrect designation of parties/premises) or a counterclaim (we should be reimbursed for repairs, the apt was unliveable) prevents the landlord from obtaining a default judgment and forces him to start all over again.
You'll be gone by the time the next 3-day notice expires, right? If you are, he can't evict you and you won't be liable for the costs of the eviction, just the costs of his suit against you to collect back rent. You still have to pay the back rent.
Good luck, and check your state's laws carefully. You might purchase an eviction kit from the legal messenger/process servers in town. It will have all the forms you need and instructions for filling them out.
-- a landlord who has evicted many....
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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
[This message has been edited by Tracey (edited April 01, 2000).]
