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5 Tips to Fighting an Unlawful Detainer (Eviction) Know Your Rights. It goes without saying, but take some time to know your rights as a tenant. ... Keep Good Records. ... Make Sure Notice is Proper. ... Service of the Unlawful Detainer. ... Talking to an Attorney. ... Managing Partner ? Lipton Legal Group, A PC ? Beverly Hills, CA.
File the Request for Dismissal with the court Bring the originals and copies of the Request for Dismissal to the clerk at the courthouse where the case was originally filed. They will file the forms and return the copy to you. Keep the copy for your records.
After filing the unlawful detainer with the court, the tenant then has a period of 10-15 days to respond. If the tenant responds and decides to fight the case, this becomes a contested eviction. A trial date is set, and the property manager needs to go to court and present their case.
Under the new law, landlords moving into their units or renting to family also must identify the people moving in. In addition, the rental must be occupied within three months of eviction and they must live in the unit for at least a year.
Who has the burden of proof in an unlawful detainer in California? California landlords must prove illegal detainer cases. The landlord is the plaintiff and must prove that the tenant broke the lease or rental agreement to justify eviction under California law. The landlord needs proof.