Understanding unlawful detainer lawsuits and your right to defend yourself
A landlord CANNOT legally evict you without going through the court process:
The eviction begins with a written notice: 3-Day (non-payment), 30-Day, 60-Day, or 90-Day depending on reason.
If you don't comply with the notice, the landlord must file an "Unlawful Detainer" lawsuit. This is when you MUST respond.
After being served, you have only 5 BUSINESS DAYS to file an Answer with the court.
This is the most critical deadline!
If you file an Answer, a trial will be scheduled (usually within 20 days). You can present defenses.
If the landlord wins, they receive a Writ of Possession. Only the sheriff can physically remove you.
You may have valid legal defenses:
Wrong amount demanded, wrong number of days, not properly served. Procedural defects can defeat an eviction.
The landlord failed to maintain habitable conditions: no heat, plumbing problems, mold, pests, or safety hazards.
The eviction is in response to you exercising your legal rights: reporting code violations or organizing with neighbors.
The eviction is based on protected characteristics: race, religion, national origin, sex, disability, or familial status.
You can prove the rent was paid, partially paid, or the landlord's demand was for the wrong amount.
Under AB 1482 and LA RSO, landlords need a valid legal reason to evict long-term tenants.
Used when rent is past due. You have 3 days to pay the exact amount owed OR move out.
Used for lease violations that can be fixed. You have 3 days to fix the problem or move out.
Used to terminate month-to-month tenancy when you've lived there less than 1 year.
Used to terminate month-to-month tenancy when you've lived there more than 1 year.
Errors can be grounds to defeat the eviction!
Our team can help you understand your notice and file your response on time.
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