California Tenants Rights-Eviction
Unlawful Detainer: The legal process to make you move
Facing eviction can be a stressful process. It is important to be informed about your rights and what eviction entails. The following is the general process.
Eviction is a legal process a landlord uses to make you move out. To evict you, your landlord must give you a 3, 30, 60 or 90-day notice. If you get one of these, it’s important that you take action immediately!
If you get a 3, 30, 60 or 90-day notice and don’t take action, your landlord can file a lawsuit against you called an Unlawful Detainer Summons.
An Unlawful Detainer tells you that the landlord is suing to have you evicted. It names the landlord as the Plaintiff and you as the Defendant. A case number and the name of the court where the lawsuit is filed are listed on the Unlawful Detainer.
If you are served with an Unlawful Detainer, get a licensed unlawful detainer assistant to prepare your legal documents.
Answering the Unlawful Detainer
I will prepare the legal documents to block your eviction and extend the time in your home. The answer document is the last document I will prepare for you during the process to make sure you get the maximum time in your home.
If you file a written response with the court, you will be given a trial date. At the trial, you can explain your case to the judge. If you win, you won’t be evicted.
If you don’t file an motion or an answer within 5 days, you can’t appear in court. A default judgment will be entered against you. Once the default is entered, you can be evicted.
Only a Sheriff can evict you. The Sheriff will post a 5-day eviction notice on your door. If you do not move out within 5 days, the Sheriffwill return and force you to move out.
If you leave any personal belongings in the rental unit, the landlord can keep them until you pay storage costs. Storage costs start the day you are evicted but do not include back rent you may owe. If you don’t claim your belongings, the landlord can sell them at auction. If they are worth less than $300, he can give them away.
Your Tenant Rights
It is illegal for a landlord to lock you out, remove doors or windows, change locks, cut off utility services, or use other forms of harassment to make you move out. You can file a complaint if the landlord locks you out or cuts off your utilities. We will help you do this!
If you file a complaint, the landlord cannot legally retaliate against you. Retaliation may include raising your rent, decreasing your services or taking steps to evict you. This protection is good for 180 days from the date you filed your complaint as long as you continue to pay rent and follow the terms of your rental agreement.
Call us right now and we will stop your eviction today!
True Sources Financial is focused on making sure your legal documents are done with the highest amount of expertise and care and we are devoted to getting you the best results possible. We also make sure we keep you in the loop so you know and understand exactly what’s going on.