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County of Los Angeles |
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Eviction
Eviction is a legal process a landlord uses to make you move out. To evict you, your landlord must give you a 3, 30, 60 or 90-day notice. If you get one of these, it’s important that you take action, like pay the rent you owe, move out, or get legal help.
Unlawful Detainer
If you get a 3, 30, 60 or 90-day notice and don’t take action, your landlord can file a lawsuit against you called an Unlawful Detainer.
An Unlawful Detainer tells you that the landlord is suing to have you evicted. It names the landlord as the Plaintiff and you as the Defendant. A case number and the name of the court where the lawsuit is filed are listed on the Unlawful Detainer.
If you are served with an Unlawful Detainer, get a lawyer or contact a local legal aid organization right away. You only have 5 days from the date you receive an Unlawful Detainer to file a written answer with the court.
Answering the Unlawful Detainer
If you file a written answer with the court, you will be given a trial date. At the trial, you can explain your case to the judge. If you win, you won’t be evicted.
If you don’t file an answer within 5 days, you can’t appear in court. A default judgment will be entered against you. Once the default is entered, you can be evicted.
The Eviction
Only a Sheriff can evict you. The Sheriff will post a 5-day eviction notice on your door. If you do not move out within 5 days, the Sheriff will return and force you to move out.
Personal belongings
If you leave any personal belongings in the rental unit, the landlord can keep them until you pay storage costs. Storage costs start the day you are evicted but do not include back rent you may owe. If you don’t claim your belongings, the landlord can sell them at auction. If they are worth less than $300, he can give them away.
Your Tenant Rights
It is illegal for a landlord to lock you out, remove doors or windows, change locks, cut off utility services, or use other forms of harassment to make you move out. You can file a complaint with the police if the landlord locks you out or cuts off your utilities. You can also sue your landlord in Small Claims Court.
If you report your landlord to a government agency, your landlord cannot raise your rent, evict you, or decrease the services provided to you because you complained. This protection is good for 180 days from the date you file your complaint.
Eviction Process Diagram
Civil Codes 1942.5 & 1983
Contact us for more information or speak with one of our counselors at (800) 593-8222. If you live outside of Southern California, call us at (213) 974-1452.
Updated April 22, 2008
For more information:
County of Los Angeles Department of Consumer Affairs
B-96 Kenneth Hahn Hall of Administration
500 W. Temple Street *
Los Angeles, CA 90012-2706
Telephone (800) 593-8222 (within LA County)
web site: dca.lacounty.gov