Landlord / Tenant

What is an Unlawful Detainer Lawsuit?

An unlawful detainer lawsuit is a legal case a landlord files to get their property back and collect unpaid rent. To legally evict a tenant (remove and lock them out of the property), the landlord must file this type of lawsuit. If the landlord wins the case, they can evict the tenant and may also collect unpaid rent by taking the tenant’s property, garnishing wages, or other legal methods.

How Do You Respond to an Unlawful Detainer Lawsuit?

If you are served with an unlawful detainer complaint, it will tell you where to file your response. You have 10 days to respond in writing and file it with the court. After filing your response, the court will mail you and the landlord the date and time of the trial.

You must pay a fee when filing your response, but if you can’t afford it, you can apply for a fee waiver. To do this, file an Application for Waiver of Court Fees and Costs with your response. You can get this form from the court clerk’s office.

Writs of Possession and Notices to Vacate

If the court decides the landlord should get the property back, the landlord can request a Writ of Possession. This allows the Sheriff to remove you and lock you out of the property.

The Sheriff will post a Notice to Vacate at the property, giving you 5 days to move out. If you don’t leave within that time, the Sheriff will physically remove you. The costs for the eviction may be added to the judgment, and the landlord can collect this money from you.

What Happens if You Don’t Respond?

If you don’t respond within 10 days, the court can issue a default judgment for the landlord. This means the landlord can take back the property without a trial.

The Right to a Jury Trial

Both you and the landlord can request a jury trial. To do this, you must file a document called a Request for Setting. If the landlord files this but doesn’t ask for a jury trial, you have 5 days to file a Counter Request for Setting to request one. The person who asks for the jury trial must pay the jury fees at least 5 days before the trial date.

Changing a Trial Date

If you need to change your trial date, you must file either:

• A Motion for Continuance (with a good reason for the delay), or
• A Written Stipulation (an agreement between both parties), with a reason and supporting documents.

You should file these as soon as you know you need a new date. A filing fee may apply.

Getting Ready for Trial

If you don’t have a lawyer, you can represent yourself. You may want to talk to legal aid groups, such as Inland County Legal Services at:

• Rancho Cucamonga: (909) 980-0982 or 800-977-4257
• San Bernardino: (909) 884-8615 or 800-677-4257
• Victorville: (760) 241-7072 or 888-805-6455

Witnesses

If you want witnesses, you can subpoena them to appear in court. You must serve the subpoena in person and give enough notice. Bring proof of service to court. You’ll need to pay fees for subpoenas and witness travel.

What to Do When You Come to Court for Your Trial

1. Bring Evidence
   • Bring letters, documents, inspection reports, pictures, receipts, or any other proof you want to show in court.
   • Have three copies of each document: one for the court, one for the other side, and one for yourself.
2. Dress Properly
   • Wear neat and professional clothing. Avoid jeans, shorts, or tank tops.
3. Need an Interpreter?
   • The court provides interpreters for unlawful detainer cases (like evictions) if you don’t speak English or need sign language help.
   • Let the court know ahead of time if you need an interpreter.

Judgments

If the landlord wins, you will have to move out. The judgment may also include unpaid rent, court costs, and attorney fees. Filing an appeal won’t stop the judgment from being enforced unless the court approves.

If You Don’t Show Up for Trial

If the landlord doesn’t come to the trial, the court may dismiss the case. If you don’t come, the court may decide in favor of the landlord. This can include giving the landlord the property and possibly awarding them money.

Self Help for Landlords and Tenants

The court offers free help for both landlords and tenants. They can answer questions and provide forms but cannot give legal advice or represent you in court.

Resources and Smart Forms

Using these smart forms can make things easier and save you time. You don’t have to write the same information over and over because the forms will automatically put it in the right spots for you. The forms also come with instructions to help you fill them out. After you print them, you can visit one of our Resource Centers to get help with your case and your forms.

The court has free online forms and guides, such as:

• Forms to Start the Eviction Lawsuit
• Forms to Respond to an Eviction Lawsuit
• Fee Waiver Forms
• Steps in a Landlord Tenant Case

You can also visit one of these resource centers for help:

• Barstow Courthouse: 235 E. Mountain View Street, Lower Level, Barstow, CA 92311
  Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm
• Fontana Courthouse: 17780 Arrow Boulevard, 2nd Floor, Fontana, CA 92335
  Hours: Monday through Thursday from 8:00 am to 4:00 pm; Friday from 8:00 am to 2:00 pm

Arrive early, as these services are in high demand.