This guide provides general information to help prepare litigants (people who go to court without an attorney) to understand the unlawful detainer (also known as “eviction”) process. The unlawful detainer process is the legal process a landlord must go through to evict a tenant.
This guide provides general information to help pro per litigants (people who go to court without an attorney) understand the unlawful detainer (also known as “eviction”) process. The unlawful detainer process is the legal process a landlord must go through to evict a tenant. While this guide cannot cover every possibility in unlawful detainer actions, it is written to help give a basic understanding of a tenant’s rights during the process. The table of contents, unlawful detainer process flowcharts, and narrative description (found in Section 1, entitled “General Overview”), provide big picture references to refer back to as you navigate this guide.
If you are a tenant who needs help, you can contact your local court’s self-help center, where you can get assistance filing court forms, including those required in the unlawful detainer. The court’s self-help center cannot give you legal advice, but it can give you information on other legal organizations that might be able to represent you or give you legal advice.
Find your local court’s website and self-help center information here: https://www.courts.ca.gov/find-my-court.htm?query=browse_courts.
NOTE – sometimes in eviction cases, the landlord may have hired an attorney to represent them. Because of this, throughout this guide, the term “landlord/landlord’s attorney” will be used to mean the landlord if the landlord does not have an attorney, or the landlord’s attorney if the landlord does have an attorney.
Disability Rights California is committed to the inclusivity and visibility of transgender/gender-variant/intersex people. We use “they/them/their” pronouns in this document to be inclusive of all Californians.
This publication is not legal advice and is not a substitution for legal advice.
NOTE: This section describes what is supposed to happen when a landlord follows the eviction laws. If you are unsure whether your landlord is following the eviction laws, you should consult with an eviction defense attorney.
NOTE: This section describes what is supposed to happen when a landlord follows the eviction laws. If you are unsure whether your landlord is following the eviction laws, you should consult an eviction defense attorney.
Step 1 Notice from Landlord – Before a landlord files an unlawful detainer complaint in court, they have to provide the tenant with a written notice. The notice gives a certain amount of time, between 3-90 days, to perform an action – such as to pay unpaid rent, “cure” (fix) a breach of the lease, or “vacate” (move out of) the premises. If you have questions about COVID-19 eviction protections for unpaid rent, and special notice rules visit: https://www.disabilityrightsca.org/post/coronavirus-housing
Step 2 Summons and Complaint – These are court documents that must be “served on” (or given to) the tenant or a household member before a landlord can begin the unlawful detainer court case. These documents should not be served until after the notice period expires. WARNING – once the tenant receives the summons and complaint, the tenant has 5 court days* to respond with an “answer,” which is a court form, and file it with the court. The local court’s self-help center can help tenants fill this form out. Local court’s website and contact information can be found here: https://www.courts.ca.gov/find-my-court.htm?query=browse_courts
* Court days do not include Saturday, Sunday, and court holidays. Day 0 = day tenant gets served, Day 1 = next day. If personally served, a tenant has 5 court days to file the answer. If the complaint and summons were served on member of household (“substituted service”), 10 calendar days + 5 court days to file an answer. If posted on the tenant’s home and copy mailed, 10 calendar days + 5 court days to file an answer.
Step 3.A. If the tenant did not file an Answer – Default Judgment and LOCK OUT.
A default judgment can be ordered by the court against the tenant if they did not file an answer to the complaint and summons. This means the tenant is automatically evicted without a trial. 7-9 days after the default judgment, the sheriff will post a notice to vacate, and 5-7 days later, the sheriff will return and force everyone out in 5 minutes. The tenant will not be given time to pack. There are potential forms of relief known as “stays of execution” and “set asides” if there is a legal reason for why the eviction should not take place. However, these forms of relief are rare and fact specific, so tenants should consult with an eviction attorney.
Step 3.B. If the tenant filed an Answer – Settlement or Trial
Settlement – the tenant and landlord make an agreement.
Trial - Generally, within about 10 days of filing the answer, the tenant should receive a letter with a court date. The trial will be set about 21 days after the tenant files an answer. However, a tenant should not assume that they will receive a timely notice, so they should proactively check with the Court to find out their trial date.
If the tenant loses at trial – The Tenant Gets Locked Out – same notice posting procedure and lock out timeline described under Step 3.A.
If the tenant wins at trial – The Tenant Stays and Pays Rent Owed.
This section explains forms that are commonly filed with the court after a tenant receives the summons and complaint. There are also links that provide additional resources on how to fill out the forms, and where to get additional assistance. This section will provide more information on the following forms:
To respond to the landlord’s claims against them in the summons and complaint, a tenant may file an “answer” with the court to:
If no response to the complaint is filed, the judge or clerk can order a default judgment, and about 12-14 days later, the sheriff can lock the tenant out of their home.
The Court has created an answer form. The blank form can be found here: https://selfhelp.courts.ca.gov/jcc-form/UD-105.
A short tutorial video online that shows tenants how to complete the answer form can be found here: https://www.youtube.com/watch?v=NZNb3WVFo8s.
Once the tenant files the answer with the court, the tenant ”serves,” or delivers, a copy of their answer on their landlord (see “Proof of Service” section below).
Some tenants include additional legal defenses that are not listed on the court’s answer form by filing an attachment with their answer. A template attachment can be found here: Attachment 3l Attachment StateWide (pdf). After reviewing the attachment and the defenses carefully, a tenant can check off the boxes they think apply to them. This PDF can also be found in DRC’s guide on how to answer an eviction lawsuit here: https://www.disabilityrightsca.org/publications/fact-sheet-how-to-answer-an-eviction-lawsuit.
A copy of the answer needs to be served (delivered) to the landlord or the landlord’s attorney. In California, a tenant can serve documents to their landlord by mail. The service needs to be done by someone over the age of 18 that is not involved in the eviction lawsuit. That person needs to complete and sign a “Proof of Service” form.
A blank “Proof of Service” form can be found here: https://selfhelp.courts.ca.gov/jcc-form/POS-030. Detailed instructions on how to complete this “Proof of Service” form can be found on the backside of the Proof of Service form and also here: https://www.disabilityrightsca.org/system/files/file-attachments/Link_7_POS_Instructions.pdf.
CAUTION: After completing the service, the tenant needs to file both the completed “Proof of Service” and the original “Answer” form with the court.
Tenants have the option of having their case decided by a jury, which is a group of people from the public who decide the case, or by a judge. A trial with a jury, is called a jury trial, and tenants who want a jury trial have to request it in advance. A trial decided by the judge and without a jury is called a “bench” trial. There are both advantages and disadvantages to jury trials and bench trials. If a tenant isn’t sure of which one to pursue, they can consult with an eviction attorney.
If a tenant wants a jury, rather than a judge, to determine the outcome of their case, they can request to have a jury trial in their “answer,” or they can file a separate document. This is the court’s standard form to request a jury trial: https://selfhelp.courts.ca.gov/jcc-form/UD-150. A template Word document that can also be used to request a jury trial is attached here: Demand for Jury Trial Template (docx). A tenant can fill in the bracketed and highlighted sections and edit either form before filing with the court.
If a tenant decides to request a jury trial in a separate document, rather than in their answer, they will need to serve a copy of this document to their landlord or their landlord’s attorney, and file the original copy with the court. See “Proof of Service” section above for instructions on how to complete service and prepare and file a proof of service form.
There are court costs that need to be paid to file documents with the court. Tenants can request a fee waiver if they cannot afford the fee by filling out the necessary forms.
Blank copies of the three fee waiver forms can be found here:
NOTE: The “FW-002: Request for Waive Additional Fees” should only be completed and filed if a tenant is requesting a jury trial, otherwise the tenant only needs to file form “FW_001 Request to Waive Court Fees” and “FW_003 Order on Court Fee Waiver.”
NOTE: a tenant does need to serve copies of the fee waiver forms to their landlord or their landlord’s attorney, they only need to file them with the court.
If a tenant needs help filing their answer, or any other forms, they can go to their court’s local self-help center, or eviction defense legal aid provider.
Within about 10 days of filing an answer, the tenant should receive a letter with a court date. Their trial will be set in about 21 days. After that, eviction lawsuits will generally be resolved by either a settlement or a trial. See the following sections to learn more about each of these processes.
This section provides information on three ways an eviction lawsuit may be resolved without having to go to trial – settlements, alternative dispute resolution, and mediation. All three of these processes can be useful tools for both parties in the eviction process to reach an agreement without having to go through the stress, time, and uncertainty of trial. This section begins by describing what settlements are, how to go about asking for a settlement, things to consider when coming to a settlement agreement, and some common settlement examples. This section ends with some possible forms of relief if a settlement is not reached, and information about alternative dispute resolution and mediation.
A settlement agreement is a way that parties – in this case, the tenant and their landlord in an unlawful detainer lawsuit – can resolve the lawsuit on their own, instead of having a judge or a jury decide at trial.
Some courts require the parties to participate in what they call a “mandatory settlement conference” which generally takes place before the trial begins. Mandatory settlement conferences can be very informal. For example, they can be a five-minute conversation between the parties in the hallway outside the courtroom. Or, they can be more formal, and take place in the courtroom with the judge guiding the conversation.
Because landlords who have entered into the eviction process have typically invested money in it – by paying court and possibly attorney’s fees – it is not common for landlords to approach tenants for settlement on their own. However, it might be beneficial for the landlord to settle, instead of spending more money on a trial. For these reasons, if a tenant is interested in settling the case, instead of fighting it at trial, a tenant may want to approach their landlord to ask for a settlement. Even if the court has required a mandatory settlement conference, a tenant may still attempt to settle the case with their landlord before the conference.
Settlement negotiations can begin with an informal conversation or with an offer that starts the two sides sending offers back and forth. For example, a tenant can make an offer, and the landlord or the landlord’s attorney will respond with a yes or no. The landlord may also make a counter-offer to the tenant’s offer, and the tenant can accept this, reject this, or make their own counter-offer.
Because it is easier for the parties to know what each side promised to do if it is in writing, tenants and landlords usually put their agreements in writing, include every important term to them, and make sure both the tenants and the landlords have signed it. That way if one side does not do what they agreed to do, the other side can go to court for help. (See below for example settlement terms.)
If it appears that the tenant won’t be able to reach an agreement with their landlord, they can defend themselves at trial with the judge or jury. NOTE – because of California Evidence Code §1152, offers to settle the case cannot be used against someone in court.
CAUTION: if a tenant does not follow the terms of the settlement agreement, they might be evicted.
If the tenant was unable to reach a settlement, before their trial starts, they can still ask the judge to be able to pay everything owed so they can stay in their unit. People typically ask for “Relief from Forfeiture” (Code of Civil Procedure §1179) if they have experienced a hardship, but have no legal defenses. To qualify for this relief, a tenant must:
If a tenant was unable to reach a settlement, and has been ordered evicted by the court, a tenant can also request that the court “stay” (or hold off) the eviction for up to 40 days, but the landlord can demand payment for those 40 days. (CCP §1176.) Note, a tenant can only request a “stay of execution” if the landlord is present on the trial date or they have given ex parte notice (advance notice in writing) to the landlord. A tenant can check their local court procedures with the courtroom clerk or on the local court website if they have questions about how to give notice for a “stay.” If a tenant is requesting a “stay of execution” because of extreme hardship, the tenant should bring all of their records and other evidence that prove the hardship to court. For example, the tenant could bring medical records showing when they were in the hospital.
Alternative dispute resolution (ADR) is the term used for all ways to resolve lawsuits that do not include a trial or a court decision. Some ADR processes may be optional or very informal, others may be mandatory and formal.
Mediation is one type of alternative dispute resolution. Mediation is a formal discussion with both sides of a lawsuit in an effort to attempt to resolve all or part of a lawsuit.
If the court provides mediation, there is no cost to participate in mediation. However, if the landlord brings an attorney to the mediation, this will increase the landlord’s attorney’s fees, which the tenant may be responsible for.
A tenant should check with their local court’s self-help center or legal aid agency to find out their court’s local practices and any requirements for mediation or other forms of alternative dispute resolution.
A mediator will talk with both sides to help them understand one another’s views. At times, both parties may be in the room together with the mediator, at times only one party may be in the room with the mediator.
The discussions during mediation are confidential and cannot be used as admissions in court. The only exception to the discussions being entered in court is during a criminal proceeding. Cal. Evidence Code 1119.
The mediator is a specially trained third party. The mediator is not a judge, but is sometimes an attorney. Even if one side is 100% wrong and one side is 100% right, the mediator will not take either party’s side. The mediator is neutral. The mediator will not decide the lawfulness or fairness of the dispute. The mediator will ask questions of each side to try to come to an agreement between both parties.
Just like with negotiated settlements, if a tenant reaches an agreement on all or part of a dispute, it would be best if they put their agreement in writing. The agreement should include terms about how the lawsuit is supposed to be resolved (for example, include terms about permanently sealing the eviction court record per California Rule of Court 2.551 even if the mediation takes place outside of a courtroom). Caution – a tenant does not have to accept the settlement terms that the landlord/landlord’s attorney or the mediator suggest. If the tenant does not reach an agreement, their case will return to court as if the mediation had never happened.
If a tenant has had a hard time trying to resolve their case with their landlord, a mediator may be able to help the tenant communicate with their landlord. If the tenant does not reach an agreement, they can still go trial. Even if a tenant does not reach an agreement, the tenant might – through the mediation process – learn what is important to the other side to resolve the lawsuit, which may help the tenant to eventually settle.
If the tenant’s court provides mediation, they can refer to the Section 8 entitled “Reasonable Accommodations in Court.”
Discovery is the word for the legal process in a lawsuit, where the parties – in this case the tenant and their landlord – ask each other for documents, information, and admissions. Both parties in a lawsuit want this information from the other side so that they can use it at trial to try and prove their case, or use it to try to negotiate a settlement before trial.
The following section provides information on the discovery process – including the steps and timelines for discovery, descriptions and examples of the different kinds of discovery requests, and objections that can be made to discovery requests.
CAUTION - all responses to discovery requests must be verified. This means that the tenant will have to sign, under penalty of perjury, that all of the information provided in the document is accurate and that their responses are true and correct.
Discovery must be completed:
CAUTION – both parties are required to respond to discovery that was correctly served on them. To avoid severe consequences, a tenant in the discovery process should prepare and serve responses to these requests prior to the legal deadlines.
A tenant and their landlord can also agree to different discovery deadlines. However, if they do agree to a different discovery deadline, it would be best if the agreement is documented in writing by email, text, or letter.
A tenant must have someone else mail the responses (“serve”) and sign the proof of service. The proof of service is a written declaration that the person served or delivered paperwork to someone. The person who serves and signs the proof of service for the tenant must be a resident or employee in the county where the mailing occurs and must be age 18 years of age or older (refer to “Proof of Service” in Section 2).
The judge may order fines against the party, find the party in contempt of court, order the party to pay the other side’s attorney fees, or rule on the case before trial has happened.
There are different timelines, depending on how the tenant received the request:
NOTE – the landlord also has 5, 7, or 10 days from the date the tenant served discovery to respond to the tenant’s discovery requests, depending on the tenant’s method of service (personal, overnight, or regular mail), outlined above.
Responses may be used to raise questions about the responding party’s truthfulness or believability, or to introduce, or put limits on, what issues can be brought to the judge’s attention during the trial. This is why it is important to respond to discovery, access legal counsel if possible, and make sure the other side is following the rules in its discovery request.
There are five kinds of discovery:
Each type of the 5 types of discovery is explained in more detail below, with examples.
A tenant will want to pay close attention to exactly what is being asked in the interrogatory. They do not need to provide information that is not being asked. Additionally, a tenant may consider objecting to interrogatories (see “Objections to Discovery Requests” section below). If a tenant does not know the answer to the interrogatory, they may state “Defendant has insufficient information with which to respond to request number [number].”
In a tenant’s responses to the Requests to Admit, they only need to “admit” to statements that are 100% true, and “deny” statements that are untrue. Request for Admissions can be dangerous, because if the tenant does not timely respond to them, the landlord can ask the court to rule that the tenant admits everything (ask the judge to “deem the Requests admitted”) and then use those admissions at trial against the tenant.
If a tenant requires an accommodation for their deposition, they may submit the request to the landlord/landlord’s attorney in writing and/or call the landlord/landlord’s attorney to discuss the reasonable accommodation. Remember, individuals with disabilities do not need to disclose their diagnosis(es) to request an accommodation.
A tenant can object to discovery requests if they have a legal basis. Below are examples of different types of common objections. However, it should be noted that after an objection, a tenant may still have to answer the request based on their knowledge or, if it is the case, they can state that they don’t have sufficient information to answer the request.
Six common discovery objections are:
Each of these six common discovery objections listed above are explained in more detail below, with examples.
NOTE: if a tenant has difficulty remembering the name of an objection during a deposition, they may still state “objection” and the reason for the objection in their own words. The judge may consider this.
This section explains what happens next after the discovery process has ended – the beginning of trial. It goes over the basics of what to expect, how a tenant can prepare before trial, including what to bring to trial, and how to check into court.
Tenants who end up going to trial, rather than settling the case through a settlement agreement, have the option of having their case decided by a jury, which is a group of people from the public who decide the case, or by a judge. A trial with a jury, is called a jury trial, and tenants who want this have to request it in advance (see Section 2. “Responding to the Summons and Complaint – the Answer and other Court Forms” and “Demanding a Jury Trial”). A trial decided by the judge and without a jury is called a bench trial. There are both advantages and disadvantages to jury trials and bench trials. If a tenant isn’t sure of which one to pursue, they can consult with an eviction attorney.
CAUTION: Due to the COVID-19 pandemic, some courts are only holding trials remotely. The court may be having trials by telephone, over a computer program, or by the “Zoom” platform, which may be accessed through a computer, phone, or other device with internet access or through phone service access. Tenants can call the clerk of their local court, or the local court’s self-help desk to get more information on their court’s remote hearing procedures.
Before trial, tenants may need to:
Before trial, tenants may want to:
Time: Tenants need to arrive early to court. Tenants need enough time to arrive, go through metal detectors, find their courtrooms, find their cases on the “call sheets,” and check in with the clerk before the judge or clerk starts calling cases at the time listed for their court dates. A call sheet is a piece of paper taped to the courtroom door or pinned on the wall next to the courtroom door stating all the case names and case numbers that have court dates that day.
Remote Trials: If the trial is remote instead of in person, tenants still want to be sure that they have given themselves enough time to get ready before court starts. For instance, tenants may need to set up the space where they are going to access the hearing, whether it is from their phone or a computer, and to test any technology they will be using, including their internet connection, if necessary. To the best of their ability, tenants should try to ensure the space they will be using is quiet and private.
Dress: Tenants should try to dress neatly.
Child care: There may not be child care available at the court house. Everyone watching court has to be quiet when the judge is on the bench or the bailiff, which is like a security guard in the courtroom, will ask them to leave the courtroom. The same is true for remote hearings – the judges will not want to be distracted by any background noise on the call, including children.
Interpreter: Before the court date, tenants can call the local courthouse to request an interpreter. On the day of their hearing, tenants can let the court clerk know they need an interpreter as soon as they can, or when they enter the courtroom. If the judge calls the case and the interpreter is not there, tenants can ask the judge to wait for the interpreter to arrive.
Reasonable accommodations in court: Please see Section 7 entitled, “Reasonable Accommodations in Court”
Tenants should have all of their evidence with them and organized, and have their witnesses present in court at the time of their court hearing.
Evidence – For all pieces of evidence, tenants need to bring at least 1 original and 2 copies. This is because the landlord has a right to see the original and will receive one copy. The judge will receive the original and the tenant can use one copy during the trial. If the trial is taking place remotely, the tenant can check with the court clerk before the trial date to find out how documents will be reviewed during trial.
Some examples of evidence tenants can bring to court are:
CAUTION: Tenants cannot postpone trial because they don’t have all their evidence with them (or submitted correctly for internet trials). Tenants must be ready on their trial dates.
Witnesses – Witnesses must be present in court at the start of trial, and available to answer questions and testify. For example, a tenant cannot bring a letter from their neighbor instead of having their neighbor come to court to testify. This is because a letter cannot be cross-examined by the other side. If tenants are concerned that their witnesses may not come to court, tenants may issue subpoenas. Tenants can obtain subpoenas from the court clerk’s office and then have someone else serve the subpoenas on their witnesses before trial.
If witnesses ask, tenants may have to pay the witnesses’ mileage and witness fee. ($35/day plus mileage actually traveled. Gov. Code 68093.) Tenants don’t have to pay for their landlord’s mileage or their landlord’s witness fee if they call their landlord or their landlord’s witness as their own witness.
NOTE: Appropriate names to call the judge are “Judge” and “Your Honor.” When the parties are in front of the judge, the parties are supposed to be talking to the judge and not to each other. If tenants are able to, they should look at the judge and talk to the judge when they speak, and not talk to the landlord/landlord’s attorney. For example, you’re at the bench and the landlord’s attorney tells the judge that you agreed to move out. Instead of saying “no I didn’t, what are you talking about” to the attorney, you would say something like this to the judge: “Judge the attorney for the landlord is saying something I did not say. What I did say was that I might be willing to move out if they gave me more time, but we have not had the chance to discuss this yet. Can I have the opportunity to discuss this with my landlord and their attorney in the hallway?”
This section will provide a general step-by-step flow of how both the tenant and the landlord tell their sides of the story, and how to present evidence during the trial, including witnesses.
Eviction trials can go quickly. The landlord (Plaintiff) will present their entire case first. After this, the tenant (Defendant) presents their entire case. Both parties have the opportunity to go through the same steps to try and prove their case. These steps are:
Each step is explained in more detail below for both the landlord and the tenant, including examples and helpful tips. Note: Some judges will not allow opening statements and/or closing arguments in evictions. But if one side gets a chance to do an opening statement, for example, the other side must be given a chance to do an opening statement – a party may still decide to “waive” or not do the opening statement, but they must be offered the opportunity to give one.
During the eviction trial, the landlord will have the first opportunity to present their case – or prove why the tenant should be evicted. To make their case, the landlord or landlord’s attorney may call witnesses and/or present evidence. During the landlord’s case, tenants should listen carefully and/or take notes of anything the landlord/ attorney presents that is not true or not the whole truth. This will help them prepare for cross-examination and to make objections. Cross-examination and objections are discussed below in number four.
To not lose the lawsuit, the tenant needs to show that the landlord:
The steps in the tenant’s case follow in the same order and fashion as the steps in the landlord’s case.
NOTE: Motion for a Nonsuit. After the Plaintiff “rests,” or has presented all of the witnesses, and entered all of the evidence they want to enter to try and prove their case of why the tenant should be evicted, the tenant can ask the judge to dismiss the lawsuit by motioning for a nonsuit. Cal. Code of Civil Procedure §581c. For example, the tenant can say “Your Honor, I respectfully move for a nonsuit.” The judge will “grant” or agree with a nonsuit motion if the judge finds the landlord cannot prove their case based on the evidence heard so far. If this motion is granted, the tenant does not have to present their case because the lawsuit would be over. If the judge denies the motion for a nonsuit, the tenant still has the opportunity to present their case, which is called a defense.
The tenant will call each of their witnesses one at a time. The witnesses can only tell the judge things that are related to why the tenant is being evicted. The witnesses can also only testify to things they personally saw, heard, smelled, or felt. The witnesses will not be able to start speaking on their own. Instead, the tenant will have to ask their witnesses questions to get them to share information. The judge will not question the tenant’s witnesses for the tenant. However, the judge may have a few questions for the witnesses either during the tenant’s questioning or after the tenant finishes questioning the witness. A tenant will also enter any evidence that they want through their witnesses while their witness is testifying. (See section below entitled “Entering Evidence into the Record.”)
As shown in this example, to have a neighbor testify about the conditions of the bathroom, the judge or jury will first want to hear who the witness is, and how they came to know what they know about the bathroom. This helps the judge or jury decide how believable the witness and the information they have provided is.
During the tenant’s presentation of their witnesses, the landlord/landlord’s attorney may object to the tenant’s questions. When this happens, the tenant waits for the judge to rule on the objection before continuing. If the judge says “overruled,” the witness may answer the question. If the judge says “sustained,” the witness cannot answer the question. The judge will likely allow the tenant to ask the question another way (“rephrase” the question).
The tenant did not pay the rent because the landlord would not fix the problems in their apartment:
If the landlord filed suit because she gave the tenant a three-day notice on the 3rd of the month, but the tenant tried to pay rent on the 8th of the month when the tenant usually pays the rent:
NOTE: The landlord/landlord’s attorney will be able to ask witnesses or the tenant questions in cross-examination regarding the document.
After both the landlord and the tenant have presented their entire cases and defenses, the judge may allow both parties to make a “closing argument” or a final statement. In this statement, tenants tell the judge or jury the reasons why the judge or jury should agree with them and not agree with the landlord. A tenant can also use this time to clarify for the judge or jury what the evidence they heard meant, and why it is important to their defense. Tenants state (1) the facts why the landlord cannot prove the landlord’s claim against them and (2) the facts that support their defenses. Tenants then ask the judge or jury to dismiss the case.
This section will explain how both parties find out who won the eviction case, and what happens after a final decision has been made.
After closing arguments are given, tenants can ask the judge for a “Statement of Decision.” The Statement of Decision will explain the reasons why the tenant has won or lost. Judges are usually not required to give a written decision in a short trial lasting fewer than a day or 8 hours. Tenants must ask the judge for a Statement of Decision before the judge rules (meaning, before the judge states their decision).
The judge or jury will usually decide on the case while the tenant is still in court. If not, the tenant will be notified by mail, usually within a few days after trial. The court’s written decision, or “order” will include four items:
CAUTION: Tenants must read the order carefully because even if they “win” on trial day, the court may still order them to take other actions to avoid eviction. For example, the order may require the tenant to pay back rent by a certain date and if they don’t, the tenant can still be evicted even if they “won” their case. If tenants with disabilities do not understand what their order says, they can call DRC for help in understanding what it means.
Example of “winning” at trial:
Example of “losing” at trial:
If the tenant “loses” at trial, the landlord will receive a “judgment of possession,” which gives possession of the unit to their landlord. Tenants in this situation have a few options:
The notice to vacate is a white paper with red lettering that says the tenant has five days to move out and states the date by which the tenant has to move out. Tenants won’t get a notice to vacate until after they lose their case. The sheriff will tape a copy of this notice to the tenant’s unit door.
After the sheriff posts the notice to vacate on the tenant’s door, the tenant is on notice that the tenant will have to move when the sheriff says the tenant has to move.
If tenants need to ask for a few more days in their unit and their landlord agrees, tenants need to get this permission in writing, keep this permission ready to show the sheriff, and make sure the landlord informs the sheriff. Tenants may also call the sheriff to verify their landlord informed the sheriff.
When the sheriff comes, the sheriff will only give the tenant a couple minutes to leave the unit, so tenants will not have enough time to move furniture or other belongings. It will likely not matter if they have children, have disabilities, or are sick. They will have to leave their unit immediately.
If the tenant’s belongings are not out of their unit before the sheriff comes, their landlord will likely store their belongings and the tenant will have to pay money to get them back. If the tenant did not remove their belongings before the sheriff locked them out, and wants to prevent their items being thrown away, the tenant can write a letter to the landlord within 18 days of being locked out. The tenant should date the letter on the date the tenant writes the letter, keep a copy of the letter for themselves, mail the letter to the landlord via certified mail, or hand-deliver the letter and require in the letter that the landlord to sign the tenant’s copy acknowledging their receipt.
Dear (Manager/Landlord’s name):
I was not able to take all my things with me before I had to move out. [List or description of belongings left behind.] Please do not throw any of my things away. I will contact you soon to set up a time to get my things.
However, tenants may still have to pay their landlord to get their belongings back. The landlord cannot charge more than a “reasonable moving fee,” AND the unit’s daily rent for each day the landlord stores their belongings. Tenants will need to give the landlord an address where they receive mail for the landlord to send a demand for the fees.
CAUTION: if a tenant does not give a letter to the manager/landlord, the manager/landlord may claim the tenant abandoned their property.
A reasonable accommodation is a change in a practice, policy, or procedure that allows a person with a disability to enjoy equal access to their legal proceedings in court.
A tenant may need to request a reasonable accommodation because one of their disabilities may prevent them from being able to testify in court, appear in their case in court, or participate in their court proceedings in other ways.
For example, a tenant with a disability may need to eat while in the courtroom, or, a person with a cognitive impairment may need a support person to assist them with communications with court personnel. Other people with disabilities may need the court to provide assistive listening devices or readers, or may need the court to reassign a hearing to a courthouse that is more accessible.
Some people with disabilities may be able to request hearing date continuances as an accommodation, if for example, their disabilities affect their ability to appear in court. However, it is not guaranteed that courts will grant this particular accommodation, and unless there is a written document stating that a continuance was granted, the tenant still goes to their previously scheduled hearing.
