Fill out an Answer form in an eviction case | California Courts (2024)

FAQs

How do you win an eviction case in California? ›

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.

If you think the reason your landlord is evicting you isn't a reason (just cause) allowed by the Tenant Protection Act, you may be able to use this as a defense. On the Attachment (form MC-025), write UD-105, item 3t and explain why the landlord's reason for evicting you isn't a legal reason.

If your landlord is trying to evict you for unpaid rent and you were approved for government rental assistance, fill out and file an Application to Prevent Forfeiture Due to COVID-19 Rental Debt (form UD-125). This can stop the eviction process.

After hearing both sides, the judge will make a decision. If you win at trial, you don't have to move out or pay your landlord money. You still have to follow what your lease or rental agreement says and pay rent. If you lose, you can be forced to move out, but you may have some options depending on the situation.

If you wish to appeal an unlawful detainer ruling, file your appeal in the court location where the original proceeding was heard. For more information on Unlawful Detainer (Landlord/Tenant), visit our Landlord/Tenant page. Additional information is also available on the California Courts Self-Help Center website.

Tell the court and the landlord your responses to the Complaint and things you want to ask for as a tenant in an eviction case. Get form UD-105. Effective: January 1, 2024.

Request/Counter-Request to Set Case for Trial—Unlawful Detainer (UD-150) Ask for a trial date in an eviction case when the tenant filed an Answer (form UD-105). Get form UD-150. Effective: January 1, 2005.

Also effective April 1, 2024, the eviction notice must include the name of the person moving in, their relationship to the owner, and that the tenant may request proof of that relationship, and there must be no other similar unit already vacant on the property that the owner or relative could move in to instead.

What is the new law for eviction in California? ›

Currently, a tenant can be evicted if the landlord or landlord's family is going to move in. But starting April 1, the landlord or their family will have to move in within 90 days and live there for at least a year. Local governments are also now banned from "crime-free housing" policies.

Finally, although you can sue for illegal eviction on your own, consider at least consulting with a local landlord-tenant attorney. In order to prove illegal eviction, you'll need to present solid evidence of the landlord's actions, which can be difficult to do without any legal training or advice.

In California's housing law, the rent is considered late the day after its due date. There is a grace period stipulated in the rental/lease agreement that every tenant must understand. The landlord can issue a 3-Day Notice to Pay or Quit if the tenants failed to pay the rent, which is already past due.

Judgment after Trial

If the landlord wins: If the judge or jury decides you have the right to evict the tenant, the judge will give you a Judgment of Possession. The judge or jury may also order the tenant to pay back rent, damages, and costs, like filing fees and attorney fees (if this is in the rental agreement).

How Long Does an Eviction Stay on Your Record? An eviction itself doesn't appear on your credit report. However, any unpaid rent and fees could be sent to collections and remain on your credit report for seven years from the original delinquency date.

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.

Currently, a tenant can be evicted if the landlord or landlord's family is going to move in. But starting April 1, the landlord or their family will have to move in within 90 days and live there for at least a year. Local governments are also now banned from "crime-free housing" policies.

The eviction process can take 30 - 45 days, or longer.

This typically means the tenant gets to stay in the property. The court may also order the landlord to pay the tenant a certain amount of money, including the tenant's court costs, lawyer fees, and other fees related to the lawsuit.