How to Beat a California Eviction

In California, landlords must follow a legal process before evicting a tenant.

A landlord may threaten a tenant with an eviction if the tenant fails to pay rent or if the tenant violates the terms of the lease. (Reference 1). California law requires that a landlord follow the unlawful detainer process to evict a tenant, and not resort to self-help measures. If the landlord violates the law, the tenant may be entitled to damages because of the violation. After receiving notice of the unlawful detainer lawsuit, the tenant can file a response to the lawsuit and challenge the eviction in court. (Reference 3). However, the tenant only has five days to file a response to the unlawful detainer complaint.

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Instructions

- 1
  
  Accept service of the unlawful detainer complaint. A landlord can serve a tenant with a copy of the complaint in person, or by mail. (Reference 2).
- 2
  
  Talk with an attorney or complete a response on your own. Before a landlord can file an unlawful detainer lawsuit the landlord must provide the tenant with notice of late rent payment and allow a tenant three days to pay. Then, the landlord can file an unlawful detainer suit. There are many possible challenges to an unlawful detainer suit that should be included in the response including incorrect facts of the lawsuit or if the landlord failed to follow the proper court procedures.
- 3
  
  File the response to the unlawful detainer within five days. (Reference 2). The five days begin the day after the tenant receives a copy of the unlawful detainer complaint. If the last day falls on a weekend or holiday, the next business day is the deadline to respond to the complaint. (Reference 2).
- 4
  
  Appear at the hearing to argue the response to the unlawful detainer lawsuit. The judge will hear both arguments and favor either the landlord or the tenant's position. (Reference 3). Bring all supporting documents with you to the hearing for the judge to inspect.