What
is an Unlawful Detainer Lawsuit?
An
unlawful detainer lawsuit is a suit brought by a landlord
to obtain possession of the rented property and receive payment
of back rent. In order to legally evict a tenant (remove and
lock the tenant out of the property), the landlord must file
an unlawful detainer lawsuit. An award for possession of property
authorizes the landlord to evict you from the property. If
the landlord is also awarded judgment for payment of back
rent, he or she may collect the judgment by attaching your
property, garnishing your wages, or any other legal means.
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How Should You Respond to an Unlawful Detainer Lawsuit?
If
you are served with an unlawful detainer complaint, the
complaint will show the court location where you should
file your response. You have 5 days from the date you were
served to respond in writing to the landlord’s complaint
and file your response with the court. After you have filed
your response to the landlord’s complaint in the clerk’s
office and a Request for Setting is filed by the plaintiff,
you will both be notified by mail of the time and place
of the trial. You must pay a filing fee when you file your
written response, however, it is possible to obtain a waiver
of this fee if you cannot afford to pay it. In order to
obtain a fee waiver, you must file an Application for Waiver
of Court Fees and Costs at the time you file your response.
The application for Waiver for Court Fees and Costs form
may be obtained from the clerk’s office.
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Writs of Possession and Notices to Vacate
If
the case goes to trial and the landlord is awarded judgment
against you and for possession of the property, the landlord
can then obtain a Writ of Possession. This legal document
authorizes the Sheriff to physically remove and lock you
out of the property. The Sheriff will post a Notice to Vacate
the property before enforcing the Writ of Possession. After
the Sheriff posts the notice, you have 5 days to move. If
you fail to move within the 5 days, the Sheriff will physically
remove you and turn over the possession of the property
to the landlord. The Sheriff’s cost for the eviction may
be added to the judgment, which the landlord can collect
from you.
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Failure
to Respond to the Unlawful Detainer Lawsuit
The
court may enter a default judgment in favor of the landlord
and issue a Writ of Possession after the 5th day if you
fail to respond in writing and file your written response
with the court. There is no trial if you do not file a written
response to the unlawful detainer complaint. This default
judgment allows the landlord to obtain possession of the
property.
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The
Right to a Jury Trial
Both
parties have a right to request a jury trial. To request
a jury trial, the requesting party must file a document
entitled Request for Setting. If the landlord files this
document and does not request a jury trial, you have 5 days
from the mailing date of the Request for Setting to file
a Counter Request for Setting requesting a jury trial. You
will be mailed a Clerk’s Notice of Trial informing you of
the trial date. The party requesting a jury trial is responsible
for the initial jury fees, which must be posted with the
court 5 days before the trial date.
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Changing
a Trial Date
To
change your trial date, you need to file one of the following:
- Motion for Continuance and a declaration showing a good
reason for the continuance; or
- Written Stipulation, (agreed to by both parties), along
with a declaration showing a good reason for the continuance
and an order.
The paperwork must be filed as soon as the need for a continuance
is known. You must also pay a filing fee when you file the
motion or stipulation.
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Preparing
for Trial
If
you are not represented by an attorney, you can represent
yourself. If you are representing yourself, you may want to
consult:
INLAND COUNTY LEGAL SERVICES
Rancho Cucamonga
909-980-0982
800-977-4257
San Bernardino
909-884-8615
800-677-4257
Victorville
760-241-7072
888-805-6455
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Witnesses
You
may want to subpoena witnesses you feel are necessary for
your case for appearance in court. The subpoena must be
personally served. The person served must be given reasonable
notice of the date and time of the trial. You should bring
the proof of service to court with you. There are costs
to subpoena each witness, including witnesses’ mileage to
and from the trial location, and you must pay these costs.
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When
You Come To Court On The Trial Date
- Bring any letters, documents, inspection reports, pictures,
receipts or any other exhibits with you.
- Have at least three copies of all documents, an original
for the court & a copy for the opposing party.
- Dress appropriately. Inappropriate dress includes jeans,
shorts or tank tops.
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Interpreters
for Unlawful Detainer Cases
The
court DOES NOT provide foreign language interpreters for
unlawful detainer cases. If you do not speak English, you
should bring a friend or relative who can interpret for
you, or hire your own interpreter. Sign language interpreters
for the hearing impaired ARE provided by the court. Please
provide the court with sufficient notice of your need.
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Judgments
If the landlord obtains a judgment against you, you will
have to move. The judgment may include the landlord’s court
costs and attorney fees plus any proven damages. Filing
an appeal does not automatically suspend or delay enforcement
of the judgment.
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Failure to Appear at Trial
If the landlord fails to appear for a scheduled trial, the court may dismiss the case without any further action. If a tenant fails to appear for a scheduled trial, the court will proceed by default and may render a judgment for the landlord. This judgment allows the landlord to obtain possession of the property. In addition, the court may also enter a money judgment for the landlord and against the tenant.
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Self Help for Landlords & Tenants
Free self help assistance is provided by the Court for both landlords and tenants. We can answer your questions about the law and procedures. We can also provide the forms for you. We cannot represent you in Court and we do not provide any legal advice.
You may email questions to LandlordsAndTenants@courts.sbcounty.gov
OR
You may get help in person at the Court’s Resource Centers in the following locations:
San Bernardino Civil Court – 303 W. Third Street, Lower Level, San Bernardino, CA 92415
Hours: Monday through Thursday: 8:30am to noon and 1:30pm to 4pm
Friday: 8:00am to noon
Rancho Cucamonga Court – 8303 N. Haven Avenue, Basement, Rancho Cucamonga, CA 91730
Hours: Monday through Thursday: 8:30am to noon and 1:30pm to 4pm
Victorville Court -14455 Civic Drive, Victorville, CA 92392 (near V-9)
Hours: Tuesday through Thursday: 8:30am to noon and 1:30pm to 4pm
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