The Eviction Process - Stay Housed LA

FAQ

What is the eviction process?

BEFORE COURT

1. Tenant receives 3-day, 30-day, 60-day, or 90-day notice to move out.
2. Tenant is served “Summons and Complaint – Unlawful Detainer” (Eviction Lawsuit)          
   1. You have five court days to file an Answer with the court.
3. Tenant Filed Answer.                                                                                                        
   1. After you file your Answer, the landlord will file a "Request to Set Case for Trial." The court will then schedule your first Trial Date, and you should get notice of the Trial Date within 10 days.
   2. If you haven't gotten notice of your Trial Date within 10 days after filing an answer, call the court or go to the courthouse to ask if a Request to Set Case for Trial has been filed by the landlord.
   3. If a Request to Set Case for Trial has been filed, ask for the trial date. If it hasn't been filed, call back twice a week to ask again.

IN COURT

WHEN SHOULD I SETTLE MY CASE?

1. You have no legal defenses
2. You want to move
3. You have no money to pay back rent

WHEN SHOULD I GO TO TRIAL?

1. You have good defenses
2. You want to stay in your house
3. You have money to pay back rent

WHAT HAPPENS IF I LOSE?

1. Sheriff serves Notice to Vacate
2. You have only five days to move once served
3. Sheriff will force everyone out
4. You will not be given time to pack

WHAT HAPPENS IF I WIN? 

1. You stay in your home
2. You must pay your back rent or you will get a new eviction lawsuit
3. If the Judge says you have to do something (like pay a reduced rent because of conditions) and you don’t do it, you will be evicted.

WHAT HAPPENS IF THE LANDLORD DISMISSES MY CASE?

1. You stay and pay rent

How can I be evicted?

1. You are given a written notice explaining what you are being asked to do
2. For most notices you have a chance to fix it. For example, if it is a three day notice to pay rent or quit, you can pay the rent within the three days.
3. If you cannot fix it, you must be served (given) a “Summons” and a “Complaint-Unlawful Detainer”. They are usually served together. This is the eviction lawsuit.
4. If you receive a “NOTICE OF UNLAWFUL DETAINER (EVICTION)” from the court, but you haven’t been served a Summons and Complaint, you should go to the courthouse and ask for a copy of the Summons and Complaint (eviction Lawsuit).
5. You MUST file an answer within FIVE court days. Weekends and court holidays don’t count. If there are no holidays the answer is due the same day the lawsuit was served in the following week. So if you were given the lawsuit on a Tuesday, the answer is due the following Tuesday.

See the site for more information:

https://www.stayhousedla.org/tenant-rights