The Unlawful Detainer Pilot Program has undergone several modifications since its inception in 1998. Added provisions for protecting the rights of tenants came about in 2004 and the validity of the program was also extended till 2010. Therefore, for a tenant in California, an unlawful detainer lawsuit is not all about haplessness. He too would be provided with adequate scope to prove his point on the legal platform. The quality of legal representation is extremely important here. You need to lawyer who is experienced and preferably one of the best in the state of California. Unlawful retainer lawsuits would also require you to be an informed tenant. This is important for being able to judge the proceedings in the right perspective. California Unlawful Detainer: Vital Questions For a tenant in California, unlawful detainer lawsuits can be suitably manipulated to suit his needs. However, he needs to know the legal modalities associated with each step. Seeking answers to these important questions would help. * What if I do not respond to the complaint brought against me by my landlord within the stipulated time period? This would be a grossly incorrect approach. In case you fail to respond or notify the designated court in California, the unlawful detainer lawsuit judgment will automatically go in favor of the landlord. There will be no scope of any trial unless you provide a written response to the complaint. Your landlord will receive due authorization to furnish you with a notice to vacate the premises. * I do not have the money to pay the filing fees. What do I do? In case you are unable to pay the filing fees, you can file for a waiver of court fees and costs along with your response. The form for the same can be obtained from the clerk’s office. The court will evaluate your case and may grant you a waiver so that you can file for free. * Can I request for a jury trial, as a tenant? Of course you can! To request for a jury trial, you would have to file an At Issue Memorandum in court. In case one party has already put forth the request, the other will have 5 working days to issue a counter memorandum, requesting a trial. * Are costs involved in requesting a trial? Yes, the party that requests for a jury trial first will have to bear the expenses of the trial. A stipulated sum of money would have to be deposited with the jury. The deposit would have to be made 5 days prior to the date of the trial. Once a California unlawful detainer complaint has been lodged against you, seek legal advice and assistance from the expert lawyers at
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