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Self-Help Eviction Defense

<h3>Before Court</h3><ol><li>Tenant receives 3-day, 30-day, 60-day, or 90-day notice to move out.</li><li>Tenant is served “Summons and Complaint – Unlawful Detainer” (Eviction Lawsuit)&nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;<ol><li>You have ten court days to file an Answer with the court.</li></ol></li><li>Tenant Filed Answer.&nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp; &nbsp;&nbsp;<ol><li>After you file your Answer, the landlord will file a "Request to Set Case for Trial." The court will then schedule your first Trial Date, and you should get notice of the Trial Date within 10 days.</li><li>If you haven't gotten notice of your Trial Date within 10 days after filing an answer, call the court or go to the courthouse to ask if a Request to Set Case for Trial has been filed by the landlord.</li><li>If a Request to Set Case for Trial has been filed, ask for the trial date. If it hasn't been filed, call back twice a week to ask again.</li></ol></li></ol><h3>In Court</h3><h4>When should I settle my case?</h4><ol><li>You have no legal defenses</li><li>You want to move</li><li>You have no money to pay back rent</li></ol><h4>When should I go to trial?</h4><ol><li>You have good defenses</li><li>You want to stay in your house</li><li>You have money to pay back rent</li></ol><h4>What happens if I LOSE?</h4><ol><li>Sheriff serves Notice to Vacate</li><li>You have only five days to move once served</li><li>Sheriff will force everyone out</li><li>You will not be given time to pack</li></ol><h4>What happens if I WIN?&nbsp;</h4><ol><li>You stay in your home</li><li>You must pay your back rent or you will get a new eviction lawsuit</li><li>If the Judge says you have to do something (like pay a reduced rent because of conditions) and you don’t do it, you will be evicted.</li></ol><h4>What happens if the landlord dismisses my case?</h4><ol><li>You stay and pay rent</li></ol>

What is the eviction process?

<ol><li><span>You are given a written notice explaining what you are being asked to do</span></li><li><span>For most notices you have a chance to fix it. For example, if it is a three day notice to pay rent or quit, you can pay the rent within the three days.</span></li><li><span>If you cannot fix it, you must be served (given) a “Summons” and a “Complaint-Unlawful Detainer”. They are usually served together. This is the eviction lawsuit.</span></li><li><span>If you receive a “NOTICE OF UNLAWFUL DETAINER (EVICTION)” from the court, but you haven’t been served a Summons and Complaint, you should go to the courthouse and ask for a copy of the Summons and Complaint (eviction Lawsuit).</span></li><li><span>You MUST file an answer within TEN court days. Weekends and court holidays don’t count.&nbsp;</span></li></ol>

How can I be evicted?

<ol><li>You can do it yourself here: <a>https://tools.debtcollective.org/</a></li><li>You can go to a self-help center: <a href="https://dcba.lacounty.gov/legal-access-centers/">https://dcba.lacounty.gov/legal-access-centers/</a></li></ol><p><span>Learn more about how to file an Answer on our Self-Defense page.</span></p><p><span>*Please note that Stay Housed LA did not make this website. We cannot guarantee this Answer Tool will work nor do we make any claims as to the quality of services. </span><em><span>“This Tool is provided as a free public service and we have done our best to ensure that it works for all users as they intend. However, we cannot guarantee that the documents this Tool generates and that we may attempt to file electronically on your behalf will be accepted by the Court before the deadline for filing (10 business days after service of the Summons and Complaint - Unlawful Detainer). If your documents are not accepted by the Court as timely filed, you are at risk of losing your case by default. By using this Tool, you agree to assume the risk that your documents will not be timely filed or accepted. If you do not want to accept that risk, you can print out the documents and file them with the Court in person at the courthouse identified in the Summons and Complaint before the courthouse closes on the 10th business day after you were served with the Summons and Complaint.”</span></em></p>

How do I file an answer to a Notice of Unlawful Detainer?

<p><span>The Court will send you a trial date notice.&nbsp; If you get any documents from your landlord or their attorney, do not ignore these documents. It is very important that you get legal help with these documents because not responding can hurt your case, or even make you lose your case.&nbsp; Go to a Self-Help Center to ask about the documents as soon as possible.</span></p>

What happens after I file an answer to a Notice of Unlawful Detainer?

<p>When you go to court you can either:</p><ol><li>Settle your case with your landlord (you will both have to agree on the details of the settlement and sign. You will likely have to go in front of the judge to say you agree to the settlement).</li><li>Go to trial- you have to be prepared with all of your evidence.</li></ol>

What happens when I go to court?

<p>Stay Housed LA is representing as many tenants as we can, but we do not have enough attorneys to represent all tenants. If you have been served with an eviction lawsuit, you should apply online: <a href="https://www.stayhousedla.org/get-legal-help">https://www.stayhousedla.org/get-legal-help</a></p><p>If Stay Housed LA can’t represent you:</p><ol><li>If you can afford it, hire an attorney.</li><li>Stay Housed LA's partner Eviction Defense Network can help you represent yourself in the Tenant Empowerment Program. Go to <a href="https://edn.la/videos/">https://edn.la/videos/</a> to get started.</li></ol>

Do I need an attorney to go to court? How can I get an attorney to go to court with me?

<p><span>The sheriff will post a 5 day notice to vacate and you should expect to move out within those 5 days. If you do not move out the sheriff will come and tell you that you must leave immediately, even if that means leaving all your belongings behind.</span></p><p><img src="/sites/default/files/inline-images/eviction_notice.png" alt="LA County eviction notice" width="1024" height="657"></p><p>&nbsp;</p>

What happens if I lose in court?

<ol><li>You didn’t answer the eviction lawsuit in time</li><li>If you settled a case and agreed to move out, you may also get the sheriff’s 5 day notice before your move out date.</li><li>If you settled your case and agreed to do something (like pay your back rent) and you don’t do it, you may also get the sheriff’s 5 day notice.</li></ol>

I didn’t lose at court so why did I get the sheriff’s 5 day notice?

<p>The eviction process is controlled by California state law.</p><center><div style="display:flex;justify-content:center;"><iframe style="aspect-ratio:16 / 9;width:100% !important;" src="https://www.youtube.com/embed/RXdhEVueBKo?si=JJxLdlUsyf74Iqag" title="YouTube video player" frameborder="0" allow="accelerometer; autoplay; clipboard-write; encrypted-media; gyroscope; picture-in-picture; web-share" referrerpolicy="strict-origin-when-cross-origin" allowfullscreen=""></iframe></div></center><p>&nbsp;</p>

What is an Eviction?

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Learn your rights as a tenant and what to do if you are being evicted in Los Angeles city and other cities and unincorporated areas in Los Angeles County.

Eviction Process

What is an Eviction?

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