Unlawful Detainer Over With A Permit
Description
How to fill out Complaint For Unlawful Detainer - Residential Tenant Holding Over After Expiration Of Term?
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FAQ
To respond to the eviction case, you start with filling out an Answer or other response forms. Then, you file them with the court. This gives you the chance to tell the judge if there are any legal reasons your landlord can't evict you and tell your side of the story at a court trial.
If the court decides in favor of the landlord, the court will issue a Judgment and a writ of possession. The writ of possession orders the sheriff to remove the tenant from the rental unit, but gives the tenant five days from the date that the writ is served to leave voluntarily.
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.
A tenant in California can absolutely win an unlawful detainer case if they can prove in court that there is no legal ground for the eviction or if the landlord has not followed the correct procedure for the eviction.
If the tenant loses at trial and is to be evicted, the landlord will obtain a Writ of Possession, giving the sheriff authority to physically remove the tenant from the property.