Eviction Court & Prepping for Trial

Tenant Tip Tuesday_Eviction Court & Prepping for Trial
(For California Tenants)
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We continue from last week's theme on EVICTIONS. Today's Tenant Tip is about is about preparing for the eviction court process and for trial (if needed).
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Tenant Tips:
1. The ONLY legal way to remove you (tenant) from the property is through a legal court eviction process...THE ONLY WAY!
2. You MUST respond to the Unlawful Detainer, when you've been served with court papers (see below)
3. Owner/Manager CANNOT lock you out or take out your possessions unless they have gone through the court process.
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Assuming you received an unlawful detainer and are now getting ready to go to court and trial (with or without an attorney), it is important you prepare well for it so as to have a better chance of winning your case. Another assumption being made here is that when you responded to the unlawful detainer, you will have requested a jury trial.
WATCH OUR PREVIOUS VIDEOS ON the EVICTION PROCESS
One of the first things you will receive after responding to an unlawful detainer, is the court date...the day you will have to present yourself in court. If you do have an attorney, they will guide you and prep you for this process, however if you do not have an attorney, it is very important that you be as ready as possible.
The first step, get all your documents together. This includes everything you can to make your case to the judge/commissioner. That means all the letters, reports, pictures, texts, emails, inspections and WITNESSES...everything you can think of. Be sure to organize it well and if possible in a timeline format.
Show up on time and dress to impress...of course as best as you can. This sucks that we have to abide by these judgmental rules, but it will help present yourself in a better light to the judge/commissioner.
When you arrive, check in with the bailiff and then take a seat. Turn off your cell phone or put it on silent and await to be called.
Once you are called by the judge, most likely they will ask for you and the other side to try to negotiate and reach a settlement if you can. At this point, be sure to ask for everything you want and need. Speak up!
If you do not reach a settlement, then you may go to trial right then and there so you must arrive at court ready for this.
Once trial starts, you will be able to plead your case. Be clear and concise and show evidence as you tell the story instead of just turning in all the evidence at once. After telling your story you will be able to call your witnesses and ask them questions. Please have your questions prepared ahead of time and ensure they are relevant to helping tell your story.
After you are done, the other side will be able to ask questions of your witnesses. Then, they will present their case, evidence and witnesses. You will be able to cross examine the witnesses of theirs as well.
The judge will then make their decision
* If you lose, you will be told by what day you will need to move out - if you need more time, please ask the judge for more time; you will also be told if there are any funds that you have to pay back and why.
* If you win, you will not have to leave and you might have to pay back any unpaid rent or other costs.
If you are given a date to move, then you should be prepared to be out by that date. If you are not, then that is when the Sheriff will get involved and possibly lock you out of the home.
**** We highly recommend you get an attorney to go to court because it will definitely be in your favor if you have to go to trial ********
Be sure to share this out and subscribe to our channel!
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Remember, WE ARE BETTER TOGETHER, WE ARE STRONGER TOGETHER!
Get together with your neighbors and advocate
As always, if you're in Southern CA and you need some counseling, give us a call at [phone].

[@MissAinePatrick]

Prepping for trial tomorrow, I definitely needed that grounding! Thank you SO much for taking the time to put this video and info together for us! ❤

[@Healing4Justice]

Hoping you had a successful trial! Sending you lots of energy for peace, strength and acceptance!

[@LeeWanner]

Did everything turn out ok? I'm super stressed too.

[@MissAinePatrick]

Well, I managed to get through it. A little rough, but the Judge was patient with everyone. I was able to get a continuance until Sept. I should be able to secure some legal aid by then. 🙏🏼 @LeeWarner don’t forget to breathe and keep grounding.

[@Healing4Justice]

@@MissAinePatrick Congrats on the time won! And yes, breathing, walking, take a sip of water, meditating...whatever works for you...to ground and regulate!

[@germanreyes6194]

@@MissAinePatrick how were you able to get a continuance i have court tuesday

[@GoddessKhepraEl]

So very grateful for your channel. It was calming me as I prepared

[@MikeTyson2]

I'm in Mississippi and I need help locating free legal resources I am in a HUD housing unit and being victimized by a retaliatory landlord

[@Healing4Justice]

Hello and thank you for reaching out! We are based in CA but if you are a HUD tenant, you may want to try the following places to report and complain about harassment: Local Public Housing Authority (PHA): You can find contact information for your local Public Housing Agency by selecting your state from the list-box or using the map on the HUD website: www.hud.gov/program_offices/public_indian_housing/pha/contacts HUD Office of Fair Housing and Equal Opportunity (FHEO): To file a complaint related to housing discrimination, you can contact FHEO at the main address: 451 7th St., SW, Washington, DC 20410, or call at 1-202-708-1112 (TTY: 1-202-708-1455)​​. HUD Multifamily Housing Complaint Line: For complaints about poor maintenance, health and safety issues, mismanagement, or fraud in multifamily housing, call 1-800-MULTI-70 (1-800-685-8470)​​. Hope that helps! Good Luck and stay safe!

[@susanhoffman9801]

I think it's great!

[@amybearden77]

Thank you for this. So helpful. I already knew this but I know others really need this.

[@Healing4Justice]

Thank you for your comment. Our goal is to reach as many renters as possible to educate them on their rights. Please share as you see fit!

[@keithsnaer9286]

wish he would have put the proper forms we need to use, i think my clerk is setting us up

[@michellec717]

WhaT to do when landlord lies

[@Healing4Justice]

Hello Michelle. Thank you for your comment and reaching out. What kind of lies are you talking about? Keep in mind we are located in Southern CA so I will better be able to answer at it relates to CA tenant rights.

[@illbeyourmonster1959]

Document everything. If you can bury them in evidence that works against them in court that shows they are a bad landlord it will only help you.

[@GG-PAT]

What do I do if the landlord charges me two different rents every other month, one month the landlord charges me the rent on the lease then the next month he charges higher rent, I live in a rooming house I don't pay weekly I pay monthly because I receive social security, one month he'll charge me 660 then the next month he'll charge me 825 I don't understand that, I always thought it was 4 weeks in a month 28 days so why the extra rent, I know I need to speak to someone I live in Connecticut, any help would be grateful

[@Healing4Justice]

Thank you for reaching out and I am sorry to hear about the issues you are having. It. sounds frustrating and stressful because you might be needing clarity and consistency. Unfortunately, our experience is mainly in Southern CA and not certain about the rights and protections in Connecticut. For here in So Cal, that is not something that sounds legitimate or legal. I would recommend reaching out to Legal Aid in your area. You may also be able to call your City's clerk and ask for references to other legal services or tenant advocates. Sorry I couldn't clearly answer your question. Wishing you the best of luck!

[@GG-PAT]

@@Healing4Justice thank you people resource, I will do just that 🤗🙏🏾❤️

[@forgetmeknotts3044]

New sub here! At the FIRST trial, if the tenant has requested a jury trial when filing an answer to the UD,.will the trial be held that very same day? If not, generally how long after is the next trial date?

[@Healing4Justice]

Thank you for your comment and subscription! To answer your question, it will depend on the courthouse quite honestly. We always advise our tenants to be ready for trial on the day that is assigned for the UD court date. The judge or commissioner can schedule to have the trial that same day if they want, and in certain instances (here in Los Angeles area) they will assign to another courthouse for trial, which means having to travel that same day. However, we've seen that when a tenant has legal representation...an attorney...then, the trial can be rescheduled for another day. So, to sum up, we suggest the tenant be ready for trial the same day. That way you're ready no matter what happens. Hope this helps! Good Luck!

[@mimisteril2337]

If you live in a property for 30 years, can the property assistant tell you verbally that you have two months to move because thier getting ready to break the building down. I didnt get a notice from the property manager and never seen him/her, just a verbal from the assistant. What is my option because two months is not enough time and Ive been in the property all my life. I don't even have a lease agreement with them.

[@Healing4Justice]

Thank you for your question. Assuming this is in California, a verbal notice is not a valid notice. There is nothing you have to do until you get a written notice. Also, depending on where you reside, you may have additional protections for relocation assistance and against NO FAULT evictions. For now, there is no need to do anything or to say anything to them. However, this might be them 'showing their cards' and they might in fact try to evict everyone. So, if you're able to find other suitable accommodations, then looking for another place to live might be good to get started sooner than later. If you're in CA and want counseling, call us at [phone]. These are stressful events so be sure to care for yourself during these tough moments. Peace and blessings!

[@mariatorres9789]

If they're going to take the building down, they sent legal notices to everyone, likely on the door and through certified mail. That's a very easy Just Cause eviction case, and everyone will have to leave. If there are egregious issues with the property, and it gets red tagged, you'll be tossed in 24hrs and lose all your things. The county won't let you back in for your stuff. This guy is giving you really bad advice. If it was only verbal, he's right, it means nothing. You can go to the building permit dept, and see if they pulled permits to tear it down. Either way, sounds like you should just look for different housing, and document everything, and try to get relocation assistance, if you're unable to move. It would probably be easier, if you had a set place to go, & set amount, and then asked. If they're tearing the building down, you're not entitled to that AB 1485 money. (Owner move in, major repairs etc, you have to leave, there's no fighting it, even with the new AB 1482 law.)

[@Healing4Justice]

@@mariatorres9789 Sounds as though you are concerned and frustrated that we may not be sharing correct information. I can understand the need for transparency. What information are we sharing you believe to be incorrect or misleading? This video is about eviction process and proceeding. It sounds like you have some thoughts around when a building is being either demolished or a government agency has "red tagged" the building and deemed it uninhabitable. If a government agency has deemed it uninhabitable, there are some things you can do about that to advocate for yourself. There are no supportive laws in CA that we know of that will prevent the relocation, but there might be relocation benefits one can either negotiate for or find. We believe in advocating for yourself and striving to get the most support. Not everything we help tenants achieve is backed by a policy, law or right. If you'd like to clarify where you believe we've been misleading, please do so and we hope to clarify anything or correct it. Thank you for your comment. 🙏

[@purplecarter8771]

It’s better to represent without a lawyer 🤦🏽‍♀️ they can’t talk to a private citizen only when u go in under public will they tell u the lawyer has power 😔 sooo sad people want to hire someone to read for them!

[@alfredoaguirre9910]

Law need to change the Tenant does not pay the rent out immediately period. A lot of people abuse the system and laugh about the judges decision

[@Healing4Justice]

Thank you for your comment Alfredo. There are already laws in place for when tenants do not pay rent. I understand that when tenants don't pay rent, that may create a hardship for some owners and that too is not good, must be stressful and worrisome. I would invite you to think about building a relationship with your tenants of understanding and compassion. What are the reasons for not paying rent? Are there solutions to both of your situations that would create stability and consistency? We hope for a better relationship between owners and tenants...for more housing stability for ourselves and our communities. We hope owners, since we have most of the power, would also hope and strive for the same.

[@reenakemp9132]

​@Healing4Justice As a landlord you are completely off base and on the side of the wrong people. Renting is a business. Getting to know these people isn't gonna change the fact that if their lazy selves don't pay rent they have to go. I could get to know somebody and their circumstances, but they still have to pay. Your channel is supporting those that steal from people who have mortgages and. Ould foreclosed on. I for 1 stopped renting to squatters like you support and put my house up on VRBO. I would recommend to all people who have a second home to do it as a vacation rental. Local people will trash your house, not pay and cost you money in court . This is really sick of you though, supporting the people that are stealing. What's worse is you are probably a homeowner yourself. You may even have had to evict somebody , that wasn't fair to you. Yet you support these awful people who just look for ways to not pay up. Instead of being disgusting and trying to help people keep stealing why don't you make videos with tips and tricks for the tenant to NOT get evicted. You aren't even being real with these squatters. If they aren't paying rent they will eventually run out of extensions and have to go anyways. What's the point of encouraging them to keep stealing? They will eventually be made to move, especially listening to you. Why not help them by being real with them. You already know if rent isn't isn't they have To go. Why encourage people to keep doing harm to good homeowners? Why not light a fire under their buttons to get off the couch and go get jobs and pay their rent. Squatters, loafers and people like you are why there are so few rental homes for local families, especially where I live in tourist central. The bad renters you are supporting , and this kind of advice , is what makes good homeowners put their homes in the vacation rental market.. The only advice you should be giving to help the degenerates is PAY YOUR BILLS. Regardless of what has happened in their life, what troubles they have , or whatever getting to know them you think may accomplish, that house still had a mortgage that needs to pay paid. What about telling the tenants to get to know the landlord and their troubles and why they need that mortgage money and they got to pay on time. You are giving advice to prolong the inevitable and encourage further stealing. It's gross.

[@LetArtsLive]

Here's a little tenant tip if your on Section 8 landlord is a slumlord don't complain until you find a place to move to. Cuz you going to be made homeless by Section 8

[@Healing4Justice]

Thanks for your comment and sad to hear about your situation. How utterly disappointing and frustrating that must have been. There are some protections for Section 8 tenants and there is always risk when you are challenging the owner's power over you as a tenant. That being said, there are certain ways of approaching habitability issues even though you're Section 8 so that you are protected. That is why we suggest contacting tenant advocates such as ourselves, that can help guide you through the process and have someone else watching your back. Peace and blessings,

[@LetArtsLive]

@@Healing4Justice thanks I got the number 41 in Buffalo New York does what you do.

[@cynthiapiscesgreen9521]

Really I have mold in my cabinet in my bathroom they covered it was dark light then they change them out my electricity in my house. I’m having blue sparks and white Sparks. Electricity don’t work it works but I keep getting Sparks. Another thing does a hot water heater belong on the floor or does it need to be elevated elevated?

[@Healing4Justice]

@@cynthiapiscesgreen9521 Hello @cynthiapiscesgreen9521. So sorry to hear you have to deal with these habitability issues. If you are having issues with your electricity and with mold, depending on where you live, you may need to call the City Code Enforcement and/or Health Department. First, you should write a letter to the owner asking them to repair these items so that you have that in writing and documented. Hot Water heaters should be off the floor and braced properly for safety. If you are in California and you need help writing a letter, you are welcome to contact us through our tenant counseling hotline at [phone]. Wishing you all the best and send you lots of wishes of justice and peace🙏🏼💓

[@scar_121]

1q

[@JM.D-GOAT]

I Need landlord tips not tenant tips

[@robgrey6183]

Don't rent in areas where these Leftist activists operate. If you own a rental in California sell and get out.

[@ihatespam2807]

No one lives rent free, pay your rent!

[@VicDamoneJr82]

😂

[@soulitis]

Not a judge. Don’t say your a tenant. Go look at the terms and definitions of the words your using.. are you a tenant? How close are you to becoming a lieutenant? Lol..

[@Healing4Justice]

Thanks for your reply. Unfortunately, we are not clear on your questions and how we may answer them or offer clarity.

[@soulitis]

What is the legal definition of a tenant? Why do they use the words residence and dwelling? What are those defined as? How do they use public services to carry out there private business matters? Using sheriff’s for evictions. Why are they handling private business matters? Why don’t they just use plain English in these contracts? And how can anyone really understand the terms and conditions of a agreement without adding the terms and definitions of these terms? Why do they continue to deceive people into persons in the name of business? Just Asking for a friend 😉

[@soulitis]

@@Healing4Justice and how can you call your self the peoples resource center but only helping the person and never teaching them how to be people. Because those are 2 different things. It looks like to me your a persons resource center . Just saying

[@jorgerivera5319]

@@soulitis Since we are not attorneys, we wouldn't know what the legal definition is for a tenant. We help and support people that are paying rent for their housing. You seem to have lots of very deep question surrounding the concept of housing, tenancy and enforcement. Many of which resonate with me and our work and as such, we still have to work within the system which has been created to support renters/tenants, all the while we organize them to dismantle the capitalist systems with an imbalance of power between owners and renters. I know this reply doesn't attend to and answer your questions. That may be disappointing and frustrating and your questions would mean much deeper discussions to address. In peace and wellness.

[@soulitis]

@@jorgerivera5319 well I would think definitions of words used to describe yourself or the person your contracting with is probably the most important thing beyond everything else. I’m not a attorney but that doesn’t mean I cannot find out what the words exactly mean. Especially if I’m supposed to sign a contract. I mean a contract should be 100% understood by both parties legally if I’m not mistaken. Not sure what a attorney has to do with definitions. That’s something we learned in grade school. Its very easy to push blame on to others or deflect questions when answering them might not be in the best interest of oneself although it is in the best interest of everyone unknowingly signing documents quite frankly most people don’t even qualify to sign. Just to keep a system working? Well if the system needs to work of deception and misinformation I fail to see how this system is benefiting? Nothing that begins in lies and deception last forever. Eventually what happens in the dark comes to light. No disappointment here.. I hope my response is taken in love and light. I’m just trying to find truth and illumin8 people to the truth. Regardless of what the employees of the system thinks because the system is not a system with out people operating in it. And if it’s what’s good for the people than let’s make sure they truly comprehend what is going on. With no hidden agendas in plain English