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Welcome to the Superior Court of California.
This video will give you a brief overview of the process of an eviction case, also known as an Unlawful Detainer.
In addition, you will learn about mediation, which may help you resolve your eviction case without a trial.
An eviction case is a lawsuit to force someone to move out of a property.
It is most often filed by a landlord against a tenant.
But, it may also be filed by a tenant against a sub-tenant,
or by someone that owns the property because of a loan foreclosure.
In this video, a "landlord" means anyone filing an eviction case and a"tenant" means anyone who is occupying the property.
If the landlord wins the eviction case, the tenant must move out or may be physically removed by the sheriff.
Also, the tenant may be required to pay the landlord money.
If the tenant wins, the tenant may stay in the property, and may be entitled to repairs or a rent reduction.
Eviction cases have many strict rules and legal requirements, and they move very quickly.
All parties to the case must respond without delay and take very specific actions.
Because of these strict rules, it is easy to miss deadlines or make mistakes in the process or the paperwork.
These mistakes can cause delay or cause either party to lose when they might otherwise win.
It is very important that you talk to a lawyer,
or your court’s self-help center or advisory services to learn about the law, your rights, and your options.
This video can help you understand what is involved in an eviction case and it identifies resources to help you.
These resources can also help you if the eviction case is a result of a foreclosure on a property.
Generally, a landlord may be able to evict a tenant who:
Is behind on the rent;
Damages the property;
Interferes with the rights of other tenants or neighbors;
Breaks the law; or
Breaks the lease or rental agreement in some other way.
In most cities, the landlord can also evict the tenant if:
The tenant stays after the lease is up, or
If the landlord cancels the rental agreement.
But, some cities have rent control laws that limit a landlord’s ability to evict a tenant.
Also, if your case involves a mobile home, RV park or public housing like Section 8, different rules may apply.
Other rules may also apply if the property is or was in foreclosure.
Make sure you research the law that applies to your specific case because
it can affect your rights and responsibilities in an eviction case.