Getting served with an eviction complaint can be frightening and traumatizing.If you want to get rid of the document, you should rip it up and throw it away.You have 5 days to respond to the complaint if you want to fight the eviction.There are defenses available to you when you are a tenant.Have your day in court with the help of an attorney.
Step 1: You can get a copy of the answer form.
You have 5 days to respond to the eviction complaint.You can file your answer no later than the following Monday if the fifth day falls on a weekend or holiday.You can get a copy of the answer at the court clerk's office.The address and name of the court will be on the complaint.You can get a copy at http://www.courts.ca.gov/documents/ud105.The court will enter a default judgment against you if you do not file this form within 5 days.The requirement may be different depending on how you were served.
Step 2: Look at your possible defenses.
The "affirmative defenses" section is important to read over your form.It is possible that you will have to do some research to start building your case.The answer form has a list of defenses.A housing clinic in your area can help you analyze them.You may be accused of violating your lease by your landlord.Carefully read your lease.If your landlord failed to provide warnings, you may have a defense.It's important that your rental unit, the building, and the surrounding areas are in good condition.This may be a defense if your landlord failed to make repairs or if there are dangers around your unit.If you recently complained to a building inspector about the condition of your unit, you may be able to argue that your landlord is trying to evict you in reprisal for that action.Some places, such as Los Angeles, limit the reasons for eviction which makes it harder for landlords to evict their tenants.
Step 3: You need to fill out a form.
The court information and your landlord's name should be copied and pasted into the eviction complaint.Next to any defense you believe applies to your situation, check the box.Facts that support that defense may have to be provided by you.Many of the defenses listed will be considered "waived" if you don't check the box and include them.Even if you find evidence that it applies to your case, you won't be able to raise that defense later.If you have a feeling that something should be included, you should include it.A volunteer at a local housing clinic or tenant organization can help you fill out the form.Clinics in court can help you file your form.If you find something confusing on the form, get help.
Step 4: Go to the clerk's office.
Take your original and copies of your forms to the clerk of the court where your landlord filed their complaint.To file your answer, you will have to pay a fee.If you can't afford the fee, ask the clerk to waive it.If the court finds you don't have enough money to pay the fees, they may waive them.The original answer will be filed with the court by the clerk.One copy is for you and the other for your landlord.
Step 5: Have your landlord serve you.
You can either serve your landlord with certified mail or pay a sheriff's deputy or private process server to deliver the documents.You have to get an adult unrelated to you to do certified mail for you.If your landlord is represented by an attorney, you should serve them directly.The address and name of the attorney will be listed on the eviction complaint.
Step 6: You should consult an attorney.
If your landlord has an attorney, you will benefit from having one of your own.Pay a visit to your local legal aid clinic if you are worried about paying attorney's fees.Through housing clinics and tenant organizations, there are free and reduced-cost attorneys who specialize in fighting evictions.You can use the free initial consultation from most attorneys to get some advice on your case.If you decide not to hire an attorney, you can take advantage of the public law library and self-help center in your local courthouse.
Step 7: Consider mediation or a settlement.
During the eviction process, you and your landlord may be able to work something out on your own.The courts encourage people to find mutually agreeable solutions to disputes.If you can work out a deal with your landlord, you won't have an eviction on your record.If you are evicted, it will stay on your credit report for 7 years, making it hard for you to find a place to live.
Step 8: There are documents related to your lease.
All the documents filed with the court, a copy of your lease, and copies of any communication between you and your landlord are required.If you're arguing that your unit was unsafe or unsanitary, you can make photos that show the damage to the exterior of the building.You may want to get copies of any inspections done by your landlord or government inspectors.
Step 9: Evidence to support your defense.
The defenses you checked off should be included in your answer form.Brainstorm ways to prove the defense is true.You need factual evidence to support your defense.If you are arguing that your building is unsafe, you could take photos of the conditions.If your landlord gave you a 3-day notice and later accepted a rent payment from you, a canceled check or line on your bank account would be proof of that.
Step 10: Request discovery.
Your landlord may have documents that can help your case or alert you to another defense.You can ask your landlord for this information.It is difficult to find out about non-payment of rent.If the issues are complex and the judge believes they merit discovery, you may be able to get a discovery motion granted.You will need to file a motion for discovery along with your demands for documents and deposition notices to request discovery.
Step 11: If you want witnesses to testify, ask them.
If you have friends or neighbors who can provide personal testimony that supports your defense, you can have them come to court and answer questions from you, your landlord, and the judge.If one of your defenses is that your building is unsafe, you may want your neighbors to testify.You can ask the clerk's office to issue a subpoena if a witness isn't willing to appear in court.
Step 12: If it's necessary, ask for an interpreter.
If you or any of your witnesses don't speak English very well, you have the right to an interpreter.Let the clerk's office know if you need an interpreter for yourself or for a witness.You won't be charged a fee for the interpreter's services, so be careful.
Step 13: Pick out your case and organize it.
If your presentation is clear and coherent, you will make a good impression.Put your evidence in order when you draft an outline of what you want to say.If you can, make at least 3 copies of the original document.For the judge, landlord and yourself, you'll need one.Keep your documents organized with a binder or folder.You can take notes during the trial if you have blank paper and a pen or pencil.
Step 14: If you don't have an attorney, read the court rules.
If you decide to represent yourself in court, you are expected to follow the court's rules of procedure and evidence.The court's self-help center can help you.You can observe other eviction trials if you go to court before the trial date.The trials are open to the public, and the clerk can tell you when they're scheduled.
Step 15: Arrive at the courthouse at least 30 minutes early.
Your trial notice has a time and date.The time you're supposed to be in the courtroom is not the time of your hearing.You have plenty of time to go through security and find the right courtroom.As if you were going to a job interview or religious service, dress in conservative clothing.Don't use your cell phone at home.
Step 16: Take a seat in the gallery until your case is over.
The judge usually hears several eviction cases in a single day.The trials don't take very long, because eviction is a summary proceeding.If the judge or court officer calls your case, you can move to the front of the courtroom and stand behind the tables.Don't sit until the judge tells you to.
Step 17: Listen to the landlord's side of the story.
Since your landlord filed the complaint, the judge will usually call on them to speak first.They will explain why they think you should be evicted.You may be able to ask your landlord questions.Don't interrupt them while they're speaking.If they say something that's inaccurate, make a note of it so you can mention it when you're done.
Step 18: Explain your side of the story to the judge.
You have an opportunity to tell the judge why you don't want to be evicted.You can use witnesses and evidence to support your argument.If you're asking questions, address your statements to the judge.Refer to the judge as "your honor."Some judges are okay with "sir" or "ma'am" but only if you know for certain.Speak loudly and clearly in the courtroom.You should stop speaking and listen to what the judge has to say.You should answer any questions from the judge.Asking the judge if you can continue is polite.
Step 19: Listen to the judge's decision.
The judge will decide if you have the right to stay in your rental unit after hearing from both sides.If they decide you do, they can order your landlord to pay your court costs and attorney's fees.The judge will issue a "Judgment of Possession" if they decide in favor of your landlord.Your landlord will get the clerk to execute you.You can be locked out of your unit when this is delivered to the sheriff's department.You will be served with notice by the sheriff and have 5 days to leave.If your landlord wins, they may be able to back rent, as well as damages, court costs, and attorney's fees.