California  |  Landlord & Tenant Law

Legal Question

Asked on: 10/17/12, 12:30 pm

In California, the apartment I stay in is trying to evict me. Can I go to court and will it cost me money?

1 Answer


Answered on: 10/17/12, 4:33 pm by David Gibbs

The answer depends upon how far into the eviction process is your landlord. If judgment has been entered against you, it is too late unless you have the means and ability to appeal the judgment (and to post a bond to stay the eviction). If no trial has occurred and you are still within the time frame to file an answer to the unlawful detainer (eviction) lawsuit, you can file a response to the lawsuit, and force the landlord to take it to a trial. Filing an answer does cost money - there is a filing fee, but you can seek a waiver of the filing fee. Contact the Court Clerk to determine if you qualify for a partial or full waiver of the filing fee. You may wish to retain counsel, however, as there are few defenses to evictions that actually work, and without having appeared in court before, you may not know what to tell the judge to stop or delay eviction.

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