Eviction Court & Prepping for Trial

Tenant Tip Tuesday_Eviction Court & Prepping for Trial
(For California Tenants)
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We continue from last week's theme on EVICTIONS. Today's Tenant Tip is about is about preparing for the eviction court process and for trial (if needed).
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Tenant Tips:
1. The ONLY legal way to remove you (tenant) from the property is through a legal court eviction process...THE ONLY WAY!
2. You MUST respond to the Unlawful Detainer, when you've been served with court papers (see below)
3. Owner/Manager CANNOT lock you out or take out your possessions unless they have gone through the court process.
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Assuming you received an unlawful detainer and are now getting ready to go to court and trial (with or without an attorney), it is important you prepare well for it so as to have a better chance of winning your case. Another assumption being made here is that when you responded to the unlawful detainer, you will have requested a jury trial.

WATCH OUR PREVIOUS VIDEOS ON the EVICTION PROCESS

One of the first things you will receive after responding to an unlawful detainer, is the court date...the day you will have to present yourself in court. If you do have an attorney, they will guide you and prep you for this process, however if you do not have an attorney, it is very important that you be as ready as possible.

The first step, get all your documents together. This includes everything you can to make your case to the judge/commissioner. That means all the letters, reports, pictures, texts, emails, inspections and WITNESSES...everything you can think of. Be sure to organize it well and if possible in a timeline format.

Show up on time and dress to impress...of course as best as you can. This sucks that we have to abide by these judgmental rules, but it will help present yourself in a better light to the judge/commissioner.

When you arrive, check in with the bailiff and then take a seat. Turn off your cell phone or put it on silent and await to be called.

Once you are called by the judge, most likely they will ask for you and the other side to try to negotiate and reach a settlement if you can. At this point, be sure to ask for everything you want and need. Speak up!

If you do not reach a settlement, then you may go to trial right then and there so you must arrive at court ready for this.

Once trial starts, you will be able to plead your case. Be clear and concise and show evidence as you tell the story instead of just turning in all the evidence at once. After telling your story you will be able to call your witnesses and ask them questions. Please have your questions prepared ahead of time and ensure they are relevant to helping tell your story.

After you are done, the other side will be able to ask questions of your witnesses. Then, they will present their case, evidence and witnesses. You will be able to cross examine the witnesses of theirs as well.

The judge will then make their decision
* If you lose, you will be told by what day you will need to move out - if you need more time, please ask the judge for more time; you will also be told if there are any funds that you have to pay back and why.
* If you win, you will not have to leave and you might have to pay back any unpaid rent or other costs.

If you are given a date to move, then you should be prepared to be out by that date. If you are not, then that is when the Sheriff will get involved and possibly lock you out of the home.

**** We highly recommend you get an attorney to go to court because it will definitely be in your favor if you have to go to trial ********

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