The eviction process
Part III – Contested Evictions
PArt III – By Trial or Stipulation
tenant’s response
A tenant typically has five days to respond to a complaint (time may vary depending on process of service used). If a tenant responds, it will be primarily done though an Answer. Other possible responses from a tenant could be a motion to demur, to strike, or to quash service, but it is infrequent. If a tenant cannot pay court fees, a request for a waiver can be filled out.
- Answer – Unlawful Detainer (form UD-105)
- Request to Waive Court Fees (form FW-001)
- Order on Court Fee Waiver (form FW-003)
to bench or jury trial
If a tenant response to a complaint, the landlord should immediately request a bench trial. (Generally, bench trials favor landlords and jury trials favor tenants.) Tenants should never request a trial themselves, and should only counter request for a jury trial, to delay as much as possible.
don’t settle, stipulate
At any time, the parties can agree to settle the eviction lawsuit. Although settlements do not need court approval to be binding, it is good practice to use a court ordered stipulation instead. In this way the court is involved during the enforcement phase, otherwise a new suit may be needed to be filed if either party does not perform as required (see, “Don’t Settle, Stipulate“). Once a settlement or stipulation is fully performed, the landlord, or tenant, must request a dismissal of the lawsuit.
- Stipulation for Entry of Judgment – Unlawful Detainer (form UD-115)
- Request for Dismissal (form CIV-110)
- Notice of Entry of Dismissal and Proof of Service (form CIV-120)
trial preparations
If there is no settlement during the pre-trial phase, a trial will happen. As with most trial, there are a lot of potential issues that a landlord may not be prepared for, and it would be prudent to hire an attorney at this stage. Possible issues: affirmative defenses (i.e., habitability, discrimination), pre-trial discovery motions, §998 settlement offer, bench or jury trial, insurance policy issues, and possible bankruptcy filing.
- Call Attorney for Legal Advice
- Form Interrogatories – Unlawful Detainer (form UD-106)