Legal Question in Landlord & Tenant Law in California

What are my rights in an Eviction process?

In my process of eviction, I have until Monday the 8th of Sept. to file a typewritten response. Due to financial matters I may not be able to pay Legal Aid for help. Can you tell me what will happen after this time period? Thank You.


Asked on 9/04/03, 1:21 pm

1 Answer from Attorneys

Robert Mccoy Law Office Of Robert McCoy

Re: What are my rights in an Eviction process?

First, make sure you file your answer. There will be a filing fee (around $235). You may qualify for a waiver if you are on disability, welfare, or do not have a full time job. After you file an answer, you will receive notice of trial date in the mail. If you move out before trial, get a receipt from your landlord showing you handed over the keys. Take the receipt with you to court. I can give you a copy of the case law to give to the judge. It says the judge cannot enter a judgment against you if you move out before trial. If you do not move out before trial, then a judgment will be entered against you and you will receive a 5 day notice to vacate. The judgment of eviction will show up on your credit report. If you do not move out within 5 days then the sheriff will force you out and the locks will be changed. I can prepare the answer and case law for you for a fee if you would like.

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Answered on 9/04/03, 4:01 pm


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