How Tenants Can Prevent Eviction in California Civil Court
California law sets down a clear process by which a landlord can seek to evict a tenant. Depending on the facts of the case, a tenant may attempt to stave off an eviction attempt by correcting a breach of the lease, challenging the landlord's contentions, or finding a legal flaw in the eviction process.
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Process overview
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To evict a tenant, a landlord in California must first give three days' notice for the tenant to leave. The landlord then files a lawsuit known as "unlawful detainer" in the superior court of the county where the property is located. The tenant has five days to file a written answer to the case or will lose by default. If the tenant files an answer, the court will hold a hearing. If the court finds against the tenant, the landlord receives a writ of possession, allowing the tenant five days to leave before a sheriff can physically evict the tenant.
The tenant has three main options for avoiding the eviction: correcting the breach, challenging the facts or challenging the process.
Correct a Breach
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If a tenant either pays the outstanding rent or puts right a tenancy breach (where this is possible) during the three-day notice period, the landlord cannot continue with the process. It's important to realize that, unlike in some states, a California tenant may not be allowed to end proceedings by correcting a breach or paying rent once the unlawful detainer suit has been filed. (The tenant will still be liable for outstanding rent, however.)
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Challenge the Facts
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If a tenant files an answer and attends the hearing, he will have the opportunity to challenge the landlord's claims. This is made easier with as much documentary evidence as possible, such as receipts for rent or written records of disputes about the property.
Challenge the Process
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When serving the initial three days' notice, the landlord must serve the notice in written form. The preferred method is for the landlord to physically hand it to the tenant. If this is not possible, the landlord can hand it to somebody of "suitable age and discretion" at the property or the tenant's workplace. This is usually interpreted as being a teenager or adult, but not a young child. The landlord can also physically attach the notice to the property.
With either of these two methods in which the tenant is not physically served, the landlord must also mail the notice to the tenant. In such cases the three-day notice period does not begin until the day after the landlord mails the notice.
If the landlord does not serve the notice correctly, the tenant may be able to challenge the lawsuit's validity. This will be easier if the tenant shows he is prepared to immediately pay outstanding rent or correct a breach, but such a tactic should not be relied upon.
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