Understanding the Eviction Process

Tenant Tip Tuesday_Understanding the Eviction Process
(For California Tenants)
**************
We continue from last week's theme on EVICTIONS. Today's Tenant Tip is about is about understanding the actual eviction process from receiving a notice to the court appearance, trial and the final decisions.
**************
Tenant Tips:
1. The ONLY legal way to remove you (tenant) from the property is through a legal court eviction process...THE ONLY WAY!
2. You MUST respond to the Unlawful Detainer, when you've been served with court papers (see below)
3. Owner/Manager CANNOT lock you out or take out your possessions unless they have gone through the court process.
**************
After receiving a 30, 60, or other type of notice, the owner usually files for an unlawful detainer (UD) action at the local court. Once it is filed, they are required to serve the tenant (you) properly. Properly means they should deliver the UD in person and mail it to the tenant using US Postal Service. However, that is not how it is typically done.
Typically, a tenant will receive the UD by it being posted on the front door (a conspicuous place) and/or mailed to the tenant. And to ensure that the tenant is informed that a UD action has been filed, the court will also send a copy in the mail to the tenant's address.
Upon receiving the UD, a tenant has 5 business days to respond to the lawsuit. The 5 days does not include holidays or weekends. It is upon receiving the UD that we highly recommend that the tenant seek legal help...an attorney.
If in LA County, there are free legal services through Stay Housed LA or if someone needs to seek free/low-cost legal help, we can help them find someone to represent them. The attorney will then typically file the response to the lawsuit. A tenant is able to respond themselves and courthouse's usually have free legal help services to assist a tenant in responding.
Remember, it is very important to respond to a UD because if you don't, you will lose the case by default. Seek legal help!
Be sure to share this out and subscribe to our channel!
****
Remember, WE ARE BETTER TOGETHER, WE ARE STRONGER TOGETHER!
Get together with your neighbors and advocate
As always, if you're in Southern CA and you need some counseling, give us a call at [phone].

[@shahrzadshishegar2732]

Very informative and very well done!

[@dawnyellshorty3902]

Is it legal for a landlord to refuse to accept rent from you and still file an eviction?

[@Healing4Justice]

Well, if they are refusing to accept your rent, the first question I would have is what is their reason for not accepting it.
Second, I would document that you are attempting to pay rent, by sending a check/money order/cashiers check by certified mail. Take a pic of the payment and keep a receipt of the certified mail receipt so you can show you've attempted to make a payment.
I would even go so far as to text/email the owner/manager a picture of the payment letting them know you have the payment ready.
To your question: if you are able to prove you've been trying to make a payment, then it would be hard for them to evict you for "nonpayment". They might try to evict you for other reasons, but if you can show you've tried to pay, then they'd have a hard time using "nonpayment" as a reason.
If you're in CA and want more information, call our hotline at [phone] for free counseling

[@Sylvia-ls3nk]

Ive been late and have had programs and a church help to keep up rent. In this process my owner states I owe 2 months not 1, so i guess I should go to court to settle tge amount due

[@Healing4Justice]

Sylvia, thank you for your comment/question.
There are a lot of clarity we would need in order to best counsel you. I am making a lot of assumptions, such as those months they claim you didn't pay, you actually paid.
If you have received a 3 day notice to pay or quit, then there is a chance the owner will file an unlawful detainer and try to evict claiming you have not paid rent. Your defense will be to show that you did pay rent, and you will need to gather the evidence or proof that is the case.
If you haven't received a 3 day notice, I would suggest writing a letter to the owner and submitting proof/evidence that those months were already paid. That way you document the conversation.
When you are being accused of something, we will always recommend you respond in writing, and not have verbal conversations about it, or if you do talk about it, you follow the conversation up with an email or letter about what the conversation was about. That way you document it.
Hope this helps some. Without more details, its hard to offer more.
If you're in CA, call our hotline for more info [phone]. If. you're in another state/country, then seek legal services or legal aid in your area. 🙏🏼✊🏽

[@missedges3082]

Great channel, New sub here. If a tenant has been given a trial date, but then requests a jury trial, how long will that delay the trial? Or does the trial go forward that same day anyway? Thanks

[@Healing4Justice]

Thank you for the comment and question!
In our experience, in the Los Angeles area, we have trials happen the very same day and others get pushed back from one day to one week. The attorneys we work with always suggest that the tenants go to the court appearance date prepared for trial.
In certain cases, we've seen court trials get moved from one court house (such as in Long Beach) to another court house, that same day, in Los Angeles.
Best to go to the court date prepared for trial.
Good luck!