Disability Rights California - Self Help Guide for Tenants Facing Eviction

Table of Contents

1. General Overview
   1. Eviction (Unlawful Detainer) Process Flowchart
   2. Eviction (Unlawful Detainer) Process- Narrative Version
2. Responding to the Summons and Complaint–the Answer and other Court Forms
   • Answer
   • Attachment to the Answer (optional)
   • Proof of Service
   • Demand for a Jury Trial
   • Request a Fee Waiver
   • Where to Get Help
   • What Happens After a Tenant files their Answer?
3. Settlements and Mediation
   • What is a settlement and how do I ask for one?
   • Common settlement agreement examples
   • If a settlement is not reached - Relief from Forfeiture and Stay of Eviction
   • What is alternative dispute resolution and mediation?
   • Cost
   • How does a tenant know if mediation or another dispute resolution service is offered or required at their court?
   • What will happen during the mediation?
   • Confidentiality
   • Who is the mediator?
   • What is the outcome of mediation?
   • Why participate in mediation?
   • What if a tenant needs a reasonable accommodation to participate in mediation?
4. Discovery
   • Unlawful Detainer Discovery Timeline
   • How does a tenant send their responses to the discovery requests?
   • What happens if a party does not respond to discovery requests or makes false statements in the responses?
   • How much time does a tenant have to respond to discovery requests?
   • What is the point of discovery responses?
   • What are the different kinds of discovery?
   • Reasonable accommodations
   • Objections to Discovery Requests

5. A. Trial - Introduction
   • Bench Trial or Jury Trial?
   • To-Do’s Before Trial
   • Courtroom Basics
   • What to Bring to Trial
   • Checking Into and Speaking in Court – Courtroom Culture

5. B. Trial – Step by Step
   • Who’s Who and What Happens When?
   • Part 1 - The Landlord’s Case
   • Part 2 – The Tenant’s Case
   • Part 3 – Closing Arguments
6. The Final Decision and What Happens Next
   • Statement of Decision
   • “Judgment” or “Order”
   • Win or Lose What’s Next?
   • Notice to Vacate
7. Reasonable Accommodations in Court
   • What is a reasonable accommodation in court?
   • Why might tenants need to request a reasonable accommodation?
   • How do tenants request reasonable accommodations in court?
   • Is this different from reasonable accommodations outside of court?