You have been trying to evict a non cooperating tenant and now you have received the tenant’s response to your unlawful detainer papers and you would like to go to trial, here is what you should prepare for.
Before the Trial
In the Request to Set Case for Trial – Unlawful Detainer (Form UD-150) form, the court will have the information of the kind of trial you want, how long you think it will last, and what issues the judge will need to decide. In this form you will also have to choose if you want to ask for a jury trial. If you want a jury trial, you must check the box (at item 3) on the Request to Set Case for Trial. If the tenant wants to have a jury trial and you did not ask for one, the tenant has to file and serve you with a Counter-Request (Form UD-150) or file a Demand for a Jury Trial. Both you and the tenant have a right to a jury trial. Please consult a lawyer about whether you should ask for a jury trial. The jury fees in California is $150 from the requesting party with a possible fee waiver. In some counties there may be a mandatory settlement meeting before a jury trial, so make sure you know the local courthouse procedures and next steps. The court clerk will then mail you and the tenant about a week after you file the Request to Set Case for Trial with the exact date, time and location of the trial.
Preparing for Trial
To prepare for the trial, gather all the information related to your case. If possible take your original documents, plus 3 copies of everything you’re taking to court. This may include papers like:
- The lease or rental agreement;
- The notice served on the tenant;
- Letters you wrote or received about the rental unit;
- Photos that show damage to the unit, if applicable;
- Photos that show unsafe or unhealthy conditions, if applicable; and
- Building inspection reports, if applicable.
You are also allowed to bring witnesses who have personal knowledge of the facts. If a witness is important for you to prove your case, it is best to get a subpoena issued and served on the witness to make sure he or she comes to court. Even if the witness is willing to come to court, sometimes his or her work requires that a subpoena be served on them for them to get time off to come to court. Also, if some emergency prevents the witness from showing up in court, you may be able to get the trial continued if the witness was subpoenaed, but a continuance will generally not be granted if the witness was not. Only a lawyer or the court clerk can issue subpoenas, so get a pre-issued subpoena from the court if you do not have a lawyer.
If you do not speak English well, you may have the right to a court interpreter appointed by the court. Ask your court if they will provide an interpreter for you as soon as possible. If your court does not provide interpreters in unlawful detainer cases, you will need to bring an adult who can interpret for you. Or hire your own interpreter. Make sure you bring someone qualified If you have to bring your own interpreter because your rights are at stake.
Read Going to Court to find out how to prepare and what to expect for your court hearing.
During the Trial
During the trial, a judge or a commissioner will hear the case. There may be a jury if either side asked for one and posted the jury fees. Once your case is called, the court will usually have the plaintiff speak first. You will have to explain why the tenant should be evicted. The tenant will then have a chance to explain his or her side. The judge may ask both sides questions at any time and review any evidence that they present. This is where you make your case. The court clerk will then give or mail you a copy of a court order that says what the judge’s decision is.
If you win and the judge or jury decides you have the right to evict the tenant, the judge will give you a Judgment of Possession giving you possession of the property. The judge or jury may also order the tenant to pay back rent, damages, and costs, like filing fees and attorney fees if your rental agreement contains such a clause. You may also be able to get money for the rent that you could have gotten for the rental unit while the tenant was there illegally. If the court finds the tenant only stayed in the unit to be mean, spiteful, or to make you suffer, the court may order the tenant to pay an additional penalty of up to $600. Fill out the Judgement of Possession and have the court clerk issue a Writ of Execution. Take the writ to the sheriff and this will give the sheriff the authority to serve the tenant with a notice to vacate the property. This gives the tenant 5 days to move. If the tenant does not move, the sheriff will remove the tenant from the rental unit and lock him or her out.
If the tenant wins and the court decides the tenant has the legal right to stay in the property. You might be liable to pay the tenant’s costs, like filing fees and attorney fees. The judge may also decide how much rent the tenant has to pay in their following stay.
For information on how to collect any money the judge orders the landlord or the tenant to pay, read the official government website section on Collecting Your Judgment.
After the Trial
Now that the trial is over and a court judgement has been made, it is still possible for either party to appeal the decision if they are not satisfied. If no parties appeal or seek to set aside the judgment, congratulations you are now again legally in possession of your property and the sheriff should take care of the rest.
