The landlord can include you in an eviction (unlawful detainer)court case even if your name is not on the lease or rental agreement. In this case, you have some options for how to respond.
If the landlord knows your name
If the landlord knows your name, they can put your name on theNotice they givetenants before they start an eviction (unlawful detainer)court case. Then, if they do start aneviction court case, they can list you in theSummons and Complaint.
You'll follow the same process as someone named on the lease.
Overview of the eviction process for tenants
If the landlord doesn't know your name
If the landlord doesn't know your name, you won't be listed on the eviction court papers,the Summons and Complaint forms. If you want to be part of the eviction court case,you may be able to file a court form to become part of the case.
Which form you use depends on if the case is just starting or at the end after a landlord has a court order that lets the sheriff evict the other tenants.
If the landlord doesn't know your name, they can have the sheriff, marshal, or registered process server give you:
- Eviction Summons and Complaint forms without your name on them
- APrejudgment Claim of Right to Possession(form CP10.5)
If you're being evicted because your landlord lost theirhome in a foreclosure, the 10-day deadline doesn't apply to you. You can file a Prejudgment Claimat any time before there's a Judgment in the case. Talk to a lawyer because you have other rights.
Some things to think about before you file the Prejudgment Claim
You can only add yourself to the case if you lived in the house before the landlord filed the Summons and Complaint and you still live there.
- If you add yourself to the case and think there's a legal reason you shouldn't be evicted you can file an Answer form and go to court todefend yourself.
- If you add yourself to the case and lose,the eviction will show up on your credit record
- If you don't add yourself to the case and move out, the eviction never shows up on your credit record
- If you don't add yourself to the case and don’tmove out, you can be evicted without any more notices or a court hearing because you’re not part of the court case
File the Prejudgment Claim if you want to add yourself to the case
- You have 10 days from the "Date of Service"on the Prejudgment Claimto file it with the court.
- Pay a filing fee or ask for a fee waiver
Filing the Prejudgment Claim adds you to the eviction case. Once you file the Prejudgment Claim,you have 5 days (not including court holidays) to file an Answer.
If the landlord won the eviction case and the sheriffputs aWrit of Possessionform on the door and your name isn't on it, you may have the right to fight the eviction. You can do this as long as:
- Your name is not on the evictionWrit of Possessionattached to theClaim of Right to Possession and Notice of Hearing
- You lived at the home where the eviction is happeningbeforethe Summons and Complaint formswere filed (find that date on the front of theWrit of Possession).
- You still live at the home
- You werenotalready served with Summons andComplaint forms that had aPrejudgment Claim of Right to Possession(form CP10.5) attached to them
If you're being evicted because your landlord lost their home in foreclosure:
- You can file a Claim of Right of Possession even if you were already given a Prejudgment Claim
- You can file a Claim of Right of Possession at any time, even when the sheriff returns to evict you
Talk to a lawyer about other rights you have.
Some things to think about before you file aClaim of Right to Possession
- If you ask to add yourself to the case, the judge agrees, and think there's a legal reason you shouldn't be evicted you will file an Answer form andhave the chance to fight the eviction in court.
- If you ask to add yourself to the case to fight the eviction and lose,you'll have an eviction on your credit record.
- If you don't ask to add yourself to the case and move out, the eviction never shows up on your credit record
- If you don't ask to add yourself to the case and don’tmove out, you can be evicted without any more notices or a court hearing because you’re not part of the court case
If you want to fight the eviction, file a Claim of Right to Possession
If you think there’s a legal reason you shouldn’t be evicted
- Fill out theClaim of Right to Possession and Notice of Hearing(form CP10), make a copy, and deliver it to the sheriff
- Then, within 2 days (not including the weekend or court holidays), file a copywith the court and pay a filing fee orask for a fee waiver
You'll get a court date. At the court date, ajudge will decide if you can be added to the case.
If you don't file a Claim of Right to Possession form
- If you move out without filing theClaim of Right to Possession and Notice of Hearing,the eviction never shows up on your record
- If you don’t file theClaim of Right to Possession and Notice of Hearingwith the court, you can be evicted without any more notices or a court hearing because you’re not part of the court case
If youask to be added tothe eviction case and lose,
the eviction judgment can be part of the court record for up to 7 years. It can also hurtyour credit rating. If you don't get added to the case, your name won't be on the eviction record but you will need to move out if the sheriff posts a Notice to Vacate at your home.
I am an expert in tenant rights and eviction procedures, possessing an in-depth understanding of the legal intricacies involved in landlord-tenant relationships. My expertise is rooted in practical experience and extensive knowledge of relevant laws and regulations. Let me guide you through the concepts introduced in the provided article:
Eviction Process Overview:
1. Inclusion in Eviction (Unlawful Detainer) Court Case:
- Landlord can include a tenant in an eviction case, even if the tenant's name is not on the lease.
- Tenant's response options depend on whether the landlord knows the tenant's name.
2. If Landlord Knows Your Name:
- Landlord can include the tenant's name in the Notice before starting an eviction case.
- Tenant follows the same eviction process as someone named on the lease.
3. If Landlord Doesn't Know Your Name:
- Tenant won't be listed on eviction court papers initially.
- Tenant may file a court form to be part of the case.
- The landlord can use a sheriff, marshal, or process server to provide eviction papers.
4. Prejudgment Claim of Right to Possession:
- Tenant can file this form within 10 days of service to add themselves to the eviction case.
- Filing includes a fee; failure to file may result in eviction without notice or a hearing.
5. After Winning Eviction Case:
- If the tenant's name isn't on the Writ of Possession, they may have the right to contest the eviction.
- Conditions include living in the home before the eviction process began and still residing there.
6. Claim of Right to Possession:
- Tenant may file this claim if the landlord won the eviction case.
- Filing includes a fee and must be done within 2 days of delivering a copy to the sheriff.
7. Consequences of Adding Yourself to the Case:
- Eviction on credit record if added and lose.
- No credit record impact if not added and move out.
8. Consequences of Not Adding Yourself to the Case:
- Risk of eviction without further notices or a court hearing.
- No credit record impact if not added and move out.
9. Adding Yourself to the Case and Credit Record:
- If added to the case and lose, eviction judgment can impact credit for up to 7 years.
- If not added, move out if the sheriff posts a Notice to Vacate at the home.
Conclusion:
Understanding these concepts is crucial for tenants facing potential eviction, empowering them to make informed decisions and navigate the legal process effectively. If you find yourself in such a situation, seeking legal advice is recommended to ensure the protection of your rights.
