Eviction Defense
The Law Office of Zak Fisher proudly represents tenants in Los Angeles County. Our office does not represent landlords. We understand that undergoing an eviction is a fast-paced and often stressful process. The Law Office of Zak Fisher is here to help and do our best to make sure you achieve the best possible outcome in your case.
Each case is unique, and any information provided below should not be considered legal advice for your case. Consult with an attorney regarding the specific facts in your case. Our office offers a free 20 minute consultation to tenants in Los Angeles County who received an eviction notice and/or an Unlawful Detainer Summons and Complaint.
If you have been served an eviction notice or have reason to believe you are the defendant in a pending unlawful detainer case in Los Angeles County, schedule a free initial consultation with our office today.
Overview of California Unlawful Detainer (Eviction) Proceedings
The Unlawful Detainer Process In California Starts With An Eviction Notice
An Unlawful Detainer is the legal term used for the legal eviction process in California. In California, a landlord must go through the court process to legally force a tenant to leave the property. A landlord cannot legally force you to leave the property until they successfully obtain a judgment and a writ of possession through the court process.
Generally, a landlord can attempt to terminate a tenancy in one of the following ways:
- The landlord served the tenant a three-day notice because of a lease violation.
- The landlord served the tenant a 30-, 60-, or 90-day notice terminating the tenancy.
- A fixed-term lease is expired and the landlord does not intend or expect to renew a tenant’s lease. If a tenant is covered by a state or local “just cause for eviction” law, then the landlord may not be able to evict a tenant (Cal. Civ. Code § 1946.2).
- The tenant gave the landlord a 30-day notice stating that they are moving out.
When a landlord attempts to terminate a tenancy, landlord must provide valid legal reason in the eviction notice to the tenant. In California, if a tenant is protected by the Tenant Protection Act of 2019 and resided in a rental unit for more than one year, a just cause, or valid legal reason, must be in the notice. Landlords generally cannot evict tenants without a legitimate reason, however, there are some exemptions to the Tenant Protection Act. The legal reason will indicate if the eviction is a no-fault eviction or an at-fault eviction. You should always try to speak with a qualified eviction defense attorney whenever your landlord serves you with any type of notice alleging to terminate your tenancy.
A no-fault eviction occurs when a landlord evicts a tenant for a reason that is not due to any action or fault of the tenant. No fault reasons a tenant may be evicted include:
- Owner or qualified relative move-in: The landlord or one of their family members plans to move into the rental property as their primary residence and there is no comparable unit available on the property.
- Substantial repairs or remodeling: The rental property requires significant repairs or renovations to bring the unit into compliance with the corresponding municipality that make it unsafe or uncomfortable for the tenant to continue to reside at the rental unit or property. A landlord must have all necessary permits to conduct the repairs or remodel prior to serving an eviction notice on a tenant.
- Demolition: The landlord plans to demolish the rental unit or property.
- Government order: The landlord must comply with a court order, government order, or local ordinance that requires the tenant to leave the rental unit or property. Typically, the order may require that the rental property be vacated or demolished.
- Withdrawal from the rental market: The landlord plans to remove the rental property and all rental units from the rental market. This type of eviction is known as an Ellis Act eviction. In California, the Ellis Act allows landlords to evict tenants and leave the rental housing market. Different municipalities will regulate the Ellis Act eviction process.
An at-fault eviction occurs when the landlord evicts a tenant due to a specific reason directly related to the tenant’s actions. Essentially, the landlord is stating in the notice that the tenant is responsible for the eviction taking place. At-fault reasons a tenant may be evicted include:
- Non-payment of rent: The tenant did not pay rent on time.
- Lease violations: The tenant violated a substantial material term of their lease or rental agreement or any agreed to provisions of the lease or rental agreement. Lease violation examples include unauthorized pets, exceeding occupancy limits, or smoking in or around the rental property.
- Nuisance: The tenant created a disturbance for their neighbors or unreasonably interfered with the comfort or safety of other tenants at the rental property.
- Property damage: The tenant intentionally or severely caused damage to the rental unit or property.
- Subletting: The tenant has a sublet, or subtenant, in the rental unit in violation of the lease and the landlord did not approve the sublet’s tenancy.
- Refusing access or entry for certain purposes: The tenant denied the landlord reasonable access to the rental unit for repairs or inspections during normal business hours for reasons outlined in the state law. (Cal. Civ. Code § 1954).
- Refusing to renew lease: The tenant refused to renew the lease or rental agreement, even if the new agreement offers similar terms and conditions.
- Illegal use: The tenant uses the rental unit or property for an illegal purpose, such as to commit criminal activity.
In the city of Los Angeles, any at-fault eviction notices served on a tenant will need to be filed with the Los Angeles Housing Department within three (3) business days from when the tenant is served the notice (L.A.M.C. 151.09.G.9 & L.A.M.C. 165.05.B.5). If a landlord fails to do so, they may not have grounds to pursue an unlawful detainer proceeding, and the tenant may assert this as a legal defense. Consult with an attorney to discuss potential legal defenses.
Depending on the reason a landlord is attempting to evict a tenant, a tenant may receive one of the following eviction notices from their landlord. Tenants should always consider speaking with an attorney to determine the validity of the notice.
A Notice to Pay Rent or Quit is served on a tenant when the landlord believes the tenant is behind on rent. The Notice asks the tenant to pay the back rent within the days listed in the notice or to move out. Our office has seen both three (3) day and ten (10) day notices to pay rent or quit served on tenants; however, three-day notices are the most common of this type of notice.
This Notice must be in writing and include specific information for the notice to be valid, such as but not limited to the exact amount of rent owed and how the tenant can make payment. A landlord cannot include fees in the amount of rent owed by the tenant, like late fees or utilities. If this Notice asks for more than what is truly owed, the notice is not valid and the tenant may assert this as a legal defense in an unlawful detainer case. Consult with an attorney to discuss potential legal defenses.
To calculate the deadline for this notice, the first day begins the day after the tenant was served the Notice and continue to count every day after. Tenants should not include Saturdays, Sundays, or judicial (court) holidays when counting the days in the deadline. Judicial holidays may be found on the court website.
A Notice to Perform Covenants or Quit may be served on a tenant if a landlord believes the tenant is not following the lease or rental agreement, and the problem can be fixed. This Notice may also be called “Notice to Perform or Quit” or “Notice to Cure or Quit”. The Notice asks the tenant to fix the problem outlined in the notice or to move out. Our office has seen both three (3) day and ten (10) day notices to perform or quit served on tenants; however, three-day notices are the most common of this type of notice.
This Notice must be in writing and include specific information for the notice to be valid, such as a detailed description of the lease violation. If a tenant protected by the Tenant Protection Act of 2019, the landlord must serve a Notice to Perform Covenants or Quit prior to serving a Notice to Quit. If a tenant does not fix the lease violation outlined in the Notice, the landlord can serve a Notice to Quit without the opportunity to fix, or “cure”, the lease violation to end the tenancy.
To calculate the deadline for this notice, the first day begins the day after the tenant was served the Notice and continue to count every day after. Tenants should not include Saturdays, Sundays, or judicial (court) holidays when counting the days in the deadline. Judicial holidays may be found on the court website.
A Notice to Quit may be served on a tenant if a landlord believes the tenant is responsible for serious issues at the rental unit or property. This Notice may also be called “Notice to Vacate” or “Unconditional Notice to Quit”. The Notice asks the tenant to move out of the rental property due to a serious lease violation. Three-day notices are the most common of this type of notice.
This Notice must be in writing and include specific information for the notice to be valid, such as a detailed description of the serious lease violation and clearly state the tenant must move out as soon as the days in the Notice are up. Landlords may generally provide specific date(s), time(s), details of the occurrence(s), and any witnesses to the occurrence(s) in the Notice.
If a tenant protected by the Tenant Protection Act of 2019, the landlord must serve a Notice to Perform Covenants or Quit prior to serving a Notice to Quit. If a tenant does not fix the lease violation outlined in the Notice, the landlord can serve a Notice to Quit without the opportunity to fix, or “cure”, the lease violation to end the tenancy.
To calculate the deadline for this notice, the first day begins the day after the tenant was served the Notice and continue to count every day after. Tenants should not include Saturdays, Sundays, or judicial (court) holidays when counting the days in the deadline. Judicial holidays may be found on the court website.
A landlord will serve a Notice of Termination of Tenancy to end a month-to-month tenancy. This Notice may also be called a “Notice to Quit”. The Notice asks the tenant to move out of the rental property as the landlord is ending the rental agreement or lease. A thirty (30) day Notice is served when the tenant has rented the property for less than one year, and a sixty (60) day Notice is served when the tenant has rented the property for one year or more.
In many cases, landlords cannot terminate a month-to-month tenancy for just any reason. If a tenant is protected by the Tenant Protection Act of 2019, the landlord will need a just case, or a specific legal reason, to evict the tenant. In some instances, the landlord may terminate a month-to-month tenancy without a just cause. Consult with an attorney to determine the validity of the Notice.
If a tenant protected by the Tenant Protection Act of 2019, the landlord must serve a Notice with a just cause legal reason and, if the tenant has resided at the rental property for more than one year, either (1) relocation assistance (money for moving expenses) for the tenant to move out or (2) a rent waiver for the last month’s rent, meaning the tenant does not need to pay the last month of rent.
To calculate the deadline for this notice, the first day begins the day after the tenant was served the Notice and continue to count every day after.
For a landlord to give notice to the tenant, they must deliver, or serve, the eviction notice to the tenant. An individual 18 years old or older may serve the eviction notice on the tenant in one of the following ways:
- Personal service: The landlord or an individual who is 18 years old or older personally hands the Notice to the tenant who resides at the property.
- Substituted Service: The landlord or an individual who is 18 years old or older serves the Notice to the tenant who resides at the property by giving the Notice to another adult at the rental unit where the tenant resides.
- Posting and Mailing: The landlord may serve the Notice on the tenant by posting the Notice at the rental unit and mailing a copy to the tenant at the rental unit address. The Notice deadline does not begin until the day after the Notice was mailed. It is recommended that tenants keep the envelope of any postmarked mail regarding the Notice to determine the accurate deadline.
If the tenant has not fixed the lease violation or performed what is outlined in the notice by the deadline, the landlord may file an Unlawful Detainer Complaint against the tenant in the superior court, which will begin a lawsuit against the tenant. Contact an attorney right away if you are served an Unlawful Detainer Complaint and Summons.
A landlord cannot change the locks, shut off utilities, or remove a tenant’s personal property to force a tenant out of the rental property even if an eviction notice expires. These types of “self-help” measures are serious offenses that can lead to severe legal consequences for the landlord, such as potential law enforcement action or a civil lawsuit filed by the tenant. Law enforcement may not help the landlord evict a tenant by force or with threats. The only way a landlord can have a tenant removed from the property is by filing an unlawful detainer proceeding against the tenant and successfully obtaining a judgment and writ of possession.
Landlord Must Fulfill Required Service of Unlawful Detainer Summons and Complaint
Once the lawsuit is filed with the court, the landlord must then properly serve a copy of the Complaint and Summons to the tenant within sixty (60) days of filing, or the court will dismiss the case. If there are multiple defendants named in an unlawful detainer, each tenant must be individually served. A tenant may be served by personal service or by substituted service. However, with the court’s permission, a tenant may be served by posting and mailing the Complaint and Summons.
For a landlord to give notice of the pending eviction to the tenant, they must have an individual 18 years old or older and is not a party to the case serve the eviction Summons and Complaint on the tenant in one of the following ways:
- Personal service: An individual who is 18 years old or older personally hands the Summons and Complaint to the tenant who resides at the property. Tenants may be served at the rental property, their workplace, another individual’s residence, or other public places. If there are multiple tenants in the rental unit, each tenant must be individually served.
- Substituted Service: If the landlord attempted to personally serve the tenant but was unsuccessful, they may attempt substituted service. An individual who is 18 years old or older may serve the Summons and Complaint to the tenant who resides at the property by giving the Summons and Complaint to another adult at the rental unit where the tenant resides. If there are multiple tenants in the rental unit, each tenant must be individually served.
- Posting and Mailing: If the landlord attempted personal and substituted service but was unsuccessful, they may ask permission from the court to serve the tenant by posting and mailing the Summons and Complaint. Once the court grants permission, the landlord may serve the Summons and Complaint on the tenant by posting the Summons and Complaint at the rental unit and mailing a copy of the documents to the tenant at the rental unit address. If a tenant was served by posting and mailing, the time to file a written response with the court is extended from ten court days to ten court days after ten days have passed since the documents were mailed. If there are multiple tenants in the rental unit, each tenant must be individually served.
Tenants will find “SUMMONS, Unlawful Detainer” and “COMPLAINT, Unlawful Detainer” on the bottom center of the served papers. The Unlawful Detainer Complaint will indicate what reasons the landlord is evicting the tenant, and the Unlawful Detainer Summons will notify the tenant that they have ten (10) days (not counting Sunday, Saturday, or judicial holidays) to file a formal written response with the court. (Cal. Civ. Code § 1167). The Unlawful Detainer Complaint may include attached exhibits, such as the lease or rental agreement, the eviction notice served on the tenant(s), and/or the proof of service of the eviction notice.
Frequently, tenants will receive a Notice of Unlawful Detainer (Eviction) from the superior court. This is a notification sent to each tenant residing in the rental unit and does not count as being served into the case. If you received this notice from the court, get in touch with an eviction defense attorney right away to discuss next steps.
Responding to the Complaint, Your First Document To File With the Court
Once a tenant receives the Unlawful Detainer Summons and Complaint, the tenant must respond to the lawsuit to avoid a default judgment. Tenants should read the Complaint and determine what in the Complaint is untrue and what potential defenses they may have regarding this Complaint. Tenants should consult with an eviction defense attorney to determine potential defenses to their unlawful detainer case.
Tenants can file one of the following responsive pleadings to the Unlawful Detainer Complaint:
A Motion to Quash may be filed if the Summons was not properly served to the tenant or if there was a defect in the Summons itself. This responsive pleading may also be called a Motion to Quash Service.
If the tenant wins this motion, the landlord will have to properly serve the Summons and Complaint on the tenant. If the landlord wins this motion, the tenant will have to file an Answer to the Complaint within the amount of time the Court allows.
A Demurrer may be filed if the Complaint was not filed in proper technical form or does not properly allege the landlord’s right to evict the tenant. This responsive pleading may also be called a Motion to Demurrer.
If the tenant wins this motion, the landlord may need to re-file the lawsuit with the Superior Court or serve a new eviction notice on the tenant to file a new lawsuit. If the landlord wins this motion, they may proceed with the lawsuit and the tenant will need to file an Answer.
An Answer may be filed, which is a written response that denies the allegations listed in the complaint and also raises other defenses the tenant may have. Such defenses may include but are not limited to violation of local rent control ordinances, retaliation, or discrimination. An Answer may be the first response a tenant files with the court, or the response a tenant would need to file if the court denied a Motion to Quash or Demurrer.
Once a tenant determines which responsive pleading they want to proceed with, the tenant must draft and file the responsive pleading and a Proof of Service with the Superior Court. They may file the documents at the physical courthouse they are being sued at or through an electronic filing portal. Tenants will also need to serve the responsive pleading on the landlord and file a proof of service. The tenant may not serve the responsive pleading on the landlord or the landlord’s attorney themselves, they must have an individual who is 18 years old or older and is not a party to the case serve the documents. If the tenant has an attorney, the attorney may serve the documents on the landlord for the tenant.
If a tenant qualifies for a fee waiver through the courts, they may also file a Request to Waive Court Fees with their responsive pleading and proof of service. When filing an Answer, tenants should also generally file a Demand for Jury Trial.
If requesting a jury trial, tenants must make payment of the jury trial fee and file a Notice of Posting of Jury Fees, or if they qualify for a fee waiver, they may file a Request to Waive Additional Court Fees to cover the court costs an unlawful detainer jury trial necessitates. In the Los Angeles Superior Court, the jury trial fee is $150.00. Failure to promptly demand a jury trial in writing and make arrangements to post jury fees could result in forfeiture of your opportunity to adjudicate, or try, your case by jury trial.
Default Judgment, The Consequence for Not Responding in Time
If a tenant fails to provide a proper written response to the Unlawful Detainer Summons and Complaint in the allotted time to the court, the landlord may Request to Enter Default with the court for a default judgment against the tenant. This means that the tenant would lose the unlawful detainer case without undergoing trial and having the opportunity to defend their rights.
If a default judgment is entered, the Sheriff will then post a Notice to Vacate on the tenant’s door, giving them five (5) days’ notice to move out. Failure to voluntarily move out by the date on the notice will prompt the Sheriff to forcibly remove the tenant(s) from the rental property and lock their belongings in the rental unit. To avoid a default judgment and an eviction on their record, the tenant should file a proper written response to the court within the allotted time.
After You Have Filed Your Answer, Preparing For Trial
Once the tenant files their Answer, the landlord will then ask the court to set a trial date. Once a trial date is requested, the court will typically set the trial within 20 days of the request. (Cal. Civ. Code § 1170.5(a).)
While awaiting trial, the tenant and landlord may discuss settling outside of the courtroom. Tenants and landlords may also conduct written discovery and/or make pretrial motions. If the outcome of the case is not determined by a pretrial motion or by settlement, the tenant and landlord will have to appear for trial on the date it is set for. At that time, a settlement may occur right before the tenant and landlord are set to go to trial. If no settlement is reached, the finder of fact (a judge or a jury of the defendant’s peers) will determine the outcome of the Unlawful Detainer after trial.
After The Trial
If the tenant loses the trial, the landlord will likely receive a “Writ of Possession” from the court and the Sheriff will then serve this to the tenant. Once this is served to the tenants, they have five days to vacate the premises. If the tenant fails to move out by the fifth day, the Sheriff can forcibly and physically remove the tenant(s) from the premises unless the court grants a temporary Stay of Eviction. A temporary stay of eviction provides the tenant additional time to stay at the premises while they look for new living arrangements.
If the tenant wins the unlawful detainer trial or prevails on their own dispositive motion, they are not guilty of unlawful detainer and may continue to reside on the premises. Tenants could potentially be awarded some or all of their attorney’s fees back, and they likely have a basis to sue their landlord.
Eviction / Unlawful Detainer FAQs from Tenants
No. Getting an eviction notice means that you should speak with a qualified tenants’ rights attorney before the time given in the notice to perform expires. A Writ of Possession, which is entirely different document than a notice to quit, duly ordered and authorized by a magistrate is the only document that gives your landlord the legal right to have you forcibly removed from your tenancy.
If you are in this situation, you should get in touch with an eviction defense attorney as soon as possible. You may have to respond in the case in order to preserve your rights to possession of the home. You may have to respond quickly to preserve your rights. Do not delay consulting with a qualified attorney if you are in this situation.
You may still have to file a written response with the court within the allotted time limit. If you do not file a response, you may end up with a default judgment which may cause you to pay for rent that may be unowed, court costs, and, in some cases, attorney’s fees. You may also end up with an unlawful detainer on your credit report which will reduce your chances of securing rental housing in the future. Consult with an eviction defense attorney as soon as possible.
Receiving a notice to quit, on its own, is unlikely to affect your credit report or your credit score. However, if the notice to quit leads to a successful judgment against you for an unlawful detainer, your credit report will likely be affected. If you have received a notice to quit or any document that leads you to believe your landlord may be attempting to evict you, you should get in touch with an eviction defense attorney as soon as you possibly can.
Complete Tenant Defense Topic Map
Every page below is written for tenants in Los Angeles. Click into the topic that fits your situation, or start with Just Served Eviction Papers if you just got a Summons.
Start Here
Notice Types
Rent Control & Just Cause
Defenses That Win
UD Procedure
Emergency &, Misconduct
Eviction Defense by LA Neighborhood
Just served? Get the free first-week checklist.
A one-page guide to your 10-court-day deadline, the defenses that may apply, and what not to do. No email required.
Download the Free Checklist (PDF)Frequently asked questions
How much time do I have to respond to an unlawful detainer?
Ten court days from the date of personal service, under CCP § 1167 as amended by AB 2347. Court days exclude weekends and judicial holidays, which means real-world calendar time of roughly two weeks.
Can my landlord lock me out without going to court?
No. California prohibits self-help eviction. Locking you out, shutting off utilities, removing your belongings, or threatening any of these is illegal under Civil Code §§ 789.3, 1940.2, and 1942.5.
What defenses can I raise to an unlawful detainer?
The most common winning defenses are defective notice, improper service, habitability, retaliation (CC § 1942.5), discrimination, failure to comply with rent control, waiver, estoppel, tender, and rent overstatement.
Will I have to go to court?
Usually yes, at least for a case management conference and possibly trial. Most eviction cases resolve through motion practice, negotiated settlement, or stipulated judgment before trial.
What happens if I lose at trial?
The court enters a judgment for the landlord. The Sheriff serves a 5-day notice to vacate. There are limited options to stay the lockout, including a CCP § 1176 stay or filing for bankruptcy protection.
Should I move out if I receive eviction papers?
Not without legal advice. Moving out usually does not stop the case, and the landlord can still pursue money damages and an unlawful detainer judgment that affects your future renting record.
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