Renter's Lawyer in Temecula (714) 267-3691

Notice in Evictions in Temecula, California

2008-05-03T09:39:00.000-07:00

The service of the Notice to Quit- whether it be 3 days, 30 days, 60 days, or some other length of time- is essential before an unlawful detainer may be filed. From a renter's point of view, how, when, where and even why a Notice to Quit is served may be of vital importance. Proper service of the Notice to Quit is a prerequisite to the filing and service of an eviction lawsuit.

A Notice to Pay Rent or Quit must either be personally served on the tenant, personally served upon a person of suitable age at the home, personally served at the place of employment or posted on the door and mailed to the tenant. there are strict rules as to how this service must be accomplished, and most landlords do not serve the notice properly. Lack of proper service is a basis to have the unlawful detainer dismissed.

Many landlords, in Temecula and elsewhere, and even their attorneys, are usually very lax when it comes to properly serving the notice to quit. Unlawful detainer cases are often won or lost just on the issue of the service of the Notice. Some landlords will simply serve the Notice by "nail and mail," meaning they post the notice on the door without first attempting to properly serve the tenant. This is a basis to have the unlawful detainer lawsuit dismissed if the renter raises the objection at the eviction trial.

Other Notices may be served by certified mail, return receipt requested, because of the longer timeframe involved.

There are also strict requirements for serving the Summons and Complaint once an unlawful detainer action has been filed. Once again, these papers must also be properly served or it is a defense to the unlawful detainer.

The Eviction Trial in Temecula

2008-04-30T13:22:00.000-07:00

Appearing in Court for the Eviction Hearing
The local unlawful detainer courthouse is in Temecula. Before you appear in court on an unlawful detainer trial, you must carefully prepare your case. Among other things, you should:

Talk with a housing clinic; tenant organization; renters attorney; or legal aid organization to determine your rights. Decide how you will present the facts that support your side of the case, e.g., witnesses, letters, other documents, photographs, video, or other evidence. Have at least four copies of all documents that you intend to use as evidence. Ask witnesses to testify at the unlawful detwiner trial if they will help your case. You can subpoena a witness who will not testify voluntarily. A subpoena is an order from the court for a witness to appear. Make sure you have a clear understanding of your defense to the unlawful detainer.

After the Eviction Trial
After you present your defense to the eviction, the court will make a decision. If the Court decides in favor of the tenant, the renter will not have to move, and the landlord may be ordered to pay the tenant’s court costs (for example, filing fees) and the tenant’s attorney fees. However, the tenant will have to pay any rent that the Court orders.

If the landlord wins, the tenant will have to move. In addition, the Court may order the tenant to pay the landlord’s court costs and attorney fees, and any proven damages, such as overdue rent or the cost of repairs if damage was done to the premises.

Writ of Possession
If a judgment is entered against you and you do not move out, the Court will issue a Writ of Possession to the landlord. The landlord can deliver this legal document to the Sheriff, who will then forcibly evict you from the rental unit if you don’t leave promptly. Before you are locked our, the sheriff will serve you with a copy of the Writ of Possession. The Writ of Possession instructs you that you must move out within five days after the writ served on you, and that if you do not move out, the Sheriff will remove you from the rental unit and place the landlord in possession of it.

Legal Defenses to an Eviction in Temecula, California

2008-04-30T13:19:00.000-07:00

As a tenant, you may have a legal defense to the landlord’s unlawful detainer. If so, you must state the defense in your answer to the eviction lawuit within the five-day period, or you will lose any defenses that you may have. Reasons for winning an unlawful detainer might include:

The three-day notice requested more rent than was actually due.
The notice to quit was not properly served.
The landlord breached the implied warranty of habitability.
The landlord filed the eviction action against the tenant for complaining about the condition of the rental unit or for exercising a right the tenant has under law.
The landlord filed the eviction for a discriminatory purpose.

Retaliatory Evictions
The landlord cannot retaliate against you because you called the Health Department or any other government agency about the condition of the home, because you exercised your rights to repair problems and deducted the cost from your rent, because you organized with other tenants or formed a tenants’ association or because you did anything else you had a constitutional right to do such as complaining to your landlord about the condition of the rental unit.

Breach of the Warrnaty of Habitability
Under the law, the tenant does not have to pay full rent if: there are serious problems that affect a tenant’s health and safety; the landlord knew about the problems, had time to fix them, but refused or failed to do so, and the tenant(s) did not cause the problem or refuse to allow repairs.
The law does not require the landlord to keep your rental unit in perfect condition, but the landlord must provide these basic services: plumbing that works, hot and cold running water and enough hot water to wash and bathe, heat, electricity and lights which work and are safe, window screens, sufficient extermination to keep out roaches, fleas, bugs and mice or rats, clean common areas free from trash and debris, safe and secure stairways and railings, roofs, walls and windows that do not leak and are not broken, and adequate security.

Discrimination
The law provides that the landlord may not discriminate against you or try to evict you simply because of your race or ethnic group, your religion, national origin or ancestry, your sex, your marital status, your physical or mental handicap, or your sexual orientation.

Winning an eviction case is not easy, but it can be done, and almost always requires the help of an experienced eviction defense lawyer.

Unlawful Detainers

2008-04-30T13:15:00.001-07:00

What is an Unlawful Detainer?
An Unlawful Detainer is a Lawsuit Filed by a landlord in order to evict a tenant from his or her residence. When an unlawful detainer has been filed, the renter is officially being "evicted." In Temecula, the unlawful detainer will be filed in the local, Temecula courthouse.

How Much Time Do I have to Respond?
An unlawful detainer lawsuit is a "summary" court procedure. This means that the court action moves forward very quickly, and that the time given the tenant to respond to the lawsuit is very short. In most cases, the tenant has only five days, including weekends, to file a written response to the lawsuit after being served with a copy of the Unlawful Detainer complaint. For this reason, winning an eviction case is very difficult and usually requires the help of a renters lawyer.

How Do I Respond?
Typically, a tenant responds to a landlord’s complaint by filing a legal document called an Answer. You can get a copy of a form to use for responding to an unlawful detainer from the Court Clerk’s Office. When you file your answer, a copy must be mailed to the plaintiff’s attorney or if no attorney, to the plaintiff. Proof of Mailing must be filed at the same time as the answer.