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Q.What should a tenant do if served with an unlawful detainer action?
A.Get assistance immediately. If a tenant is served with an unlawful detainer complaint, the tenant should immediatelyget expert legal advice from a local attorney, and if the tenant cannot afford an attorney then assistance from a tenant organization, legal aid organization, or housing clinic.
The tenant must respond to the landlord's complaint on the proper unlawful detainer court form(s) and filing fee (about $180) within five days. If the fifth day falls on a weekend or holiday, the tenant can file his or her written answer (http://www.courtinfo.ca.gov/forms/fillable/ud105.pdf) on the following business day.
Any and all defenses the tenant has against the landlord's unlawful detainer complaint must be stated (written) in the tenant's answer. Two typical defenses are: (1) the landlord's notice was deficient because it requested more rent than was actually due; and (2) the landlord only filed the unlawful detainer to retaliate because I complained to the housing department. However, the tenant may want to file a motion to quash the service of the landlord's complaint or file demurrer, if the landlord's service was done improperly or if the landlord's complaint contains a technical defect. These procedures, however, are based on technical aspects of the law and require the advice of a local landlord-tenant attorney.
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