How do you respond to an eviction?

When responding to the notice to quit, there are several options available to the tenant:

1. Pay any delinquent rent that is due to the landlord within the allotted time of the notice.
2. Move out of the premises within the allotted time of the notice.
3. File an answer with the judicial court.
4. File a motion to stay with the court.

How is proper service achieved with an unlawful detainer?

Speaking of proper service, this section focuses on how the Unlawful Detainer is given to the tenant. Specifically, service can be achieved in three ways: Personal Service, Substitute Service, and Service by Post and Mail. Personal service: This type of service is the strongest and easiest to prove.

Can a judge issue an unlawful detainer judgment?

Sometimes if the evidence is overwhelming a judge will issue such a judgment. In an unlawful detainer case, the primary issue is who possesses the property. You are trying to get possession of your rental property back when you file an unlawful detainer case.

When to file an unlawful detainer case in California?

In an unlawful detainer case, the primary issue is who possesses the property. You are trying to get possession of your rental property back when you file an unlawful detainer case. Before the date of the trial, check on whether the tenant has vacated the premises.

How long do I have to answer an unlawful detain?

How long do I have to file an answer to Unlawful Detainer? You have five (5) calendar days, excluding Judicial Holidays, from the date you were served to file an answer to an Unlawful Detainer action. If you do not file an answer within that time, the landlord may file for a default judgment.

What do you need to know about an unlawful detainer?

What Is an Unlawful Detainer? An unlawful detainer is a legal way for a landlord to evict a tenant. It requires a special court process and can move quickly through the court system. Unlawful detainer cases are often used if one of the following occurs: The tenant does not leave after the lease ends; Rent is not paid; The lease is canceled by the landlord.

What you should know about an unlawful detainer?

• a landlord can regain possession of the tenant’s apartment.
• Starting the Process of Removing the Tenant.
• Completing the Unlawful Detainer Process.
• Unlawful Detainer Defense.
• Judgment and Eviction in Unlawful Detainer Proceeding.

  What is a “unlawful detainer” anyway?

  An unlawful detainer is a lawsuit that a landlord files in court to evict a tenant. If the judge agrees with the landlord, the landlord can ask the sheriff to physically remove the tenant from the rental unit.