FAQs
To respond to the eviction case, you start with filling out an Answer or other response forms. Then, you file them with the court. This gives you the chance to tell the judge if there are any legal reasons your landlord can't evict you and tell your side of the story at a court trial.
How do I serve eviction papers in California? ›
There are 3 ways to deliver a Notice
- Hand deliver the Notice. This is when you, or someone else 18 or older, hands the Notice to one of the tenants.
- Give the Notice to another adult in the home or where your tenant works and mail a copy to the tenant. ...
- Post and mail the Notice.
Pay a filing fee
You'll need to pay a fee of $240-$450 to the clerk when you file your forms. If you can't afford the fee, you can ask for a fee waiver. You qualify for a fee waiver if: You receive public benefits.
How do I write an eviction letter in California? ›
The Notice must be in writing and include:
- The tenant(s) full name(s)
- The rental home address.
- Exactly how much rent the tenant owes.
- That all the past due rent must be paid within 3 days or the tenant must move out.
- The name, address, and telephone number of the person to whom rent is due.
File the Request for Dismissal with the court
Bring the originals and copies of the Request for Dismissal to the clerk at the courthouse where the case was originally filed. They will file the forms and return the copy to you. Keep the copy for your records.
Can you stop an eviction by paying in California? ›
Yes. A landlord doesn't have to accept partial rent. Once the initiate eviction proceedings they are not allowed to accept any rent because it will void the eviction. The only way to avoid eviction is to pay all back money due and being the rent up to current status.
What is the new eviction law in California? ›
California passed a new landlord-tenant law that will provide additional protections for renters around just cause evictions. Set to take effect on April 1, 2024, the law will require landlords to have just cause to terminate tenancy after a tenant has been placed in the unit for 12 months.
How long can a tenant stay after an eviction notice in California? ›
If you lose your eviction case, you need to move out (at the latest) 5 days after the sheriff posts a Notice to Vacate on your door. If you need more time to move, you can ask the court for a stay of execution.
How much money does a landlord have to give a tenant to move out in California? ›
“No-fault” means you have not done anything wrong. But, your landlord can still require you to move out for one of the “no-fault” reasons listed in the law. If your landlord evicts you for one of these reasons, they must first give you one month's rent or waive one month's rent to help you move out.
What is the fastest way to evict a tenant in California? ›
The only lawful way to evict a tenant is to file lawsuit and wait for the court to order the Sheriff or Marshal to carry out the eviction. Landlords cannot change the locks, shut off power, or remove personal property in order to force a tenant out of their home.
California Eviction Timeline
| Notice Received by Tenants | Average Timeline |
|---|
| Initial Notice Period | 3-15 days |
| Issuance and Posting of Summons and Complaint | 4-5 days |
| Tenant Response Period | 5 business days |
| Court Ruling on the Eviction and Posting of Writ of Possession | 5 days |
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There are 3-day, 30-day, 60-day, or 90-day Notices to Quit. The number of days in the Notice is the deadline for when you have to do what the Notice says. Select the type of Notice you got for an explanation of what it means and the basic information the landlord is required to include.
How to write a letter explaining eviction? ›
How to write a letter explaining an eviction
- State who you are. Briefly write about who you are and why you're a good candidate to consider.
- Talk about why you want to live in this apartment. ...
- Be honest about your eviction. ...
- Explain your plan of action as a renter after an eviction. ...
- Show them you care.
How the eviction process works
- The landlord gives the tenant a written Notice to do something by a deadline. For example, a Notice might say to fix a problem or move out by a certain date. ...
- The Landlord starts an eviction case in court. ...
- The tenant has a few days to file a response in court. ...
- The judge makes a decision.
Dear {TENANT NAME}, You are hereby notified to vacate the premises at {RENTAL PROPERTY ADDRESS} by {DATE} and {TIME}. The reason for this eviction notice letter is: {STATE THE REASON} which is in direct violation of your rental agreement, as noted below: {INSERT THE LEASE AGREEMENT}.
How do I defend an eviction in California? ›
Some of the most effective eviction defenses tenants can raise in California are:
- Improper notice from landlord.
- Retaliatory eviction.
- Discrimination.
- Unlawful harassment from landlord.
- Uninhabitable living conditions.
- Landlord breach of lease.
- Rent control violations.
- Illegal lockouts.
You must fill out an Answer, serve the plaintiff, and file your Answer form with the court. Generally, this is due within 30 days after you were served. If you don't, the plaintiff can ask for a default. If there's a default, the court won't let you file an Answer and can decide the case without you.
What happens if I don't respond to an eviction notice in California? ›
If you don't file an answer within five days, you can't appear in court. A default judgment will be entered against you. Once the default is entered, you can be evicted.
Can you fight an eviction notice California? ›
Contested Eviction
The tenant has 10-15 days to react once the court files the unlawful detainer. The eviction becomes challenged if the tenant answers and decides to fight the case. There will be a trial date scheduled, and the property manager must appear in court to present their case.
